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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-08/12/2019City 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, August 12, 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 KOCH PLEDGE OF ALLEGIANCE 1.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON  THE AGENDA   2. APPROVAL OF MINUTES   Planning and Zoning  Commission Agenda August 12, 2019 City of Colleyville                                                                                    Page 2 2a. May 14, 2018 Planning & Zoning Commission Minutes  2b. May 29, 2018 Planning & Zoning Commission Worksession Minutes  2c. June 11, 2018 Planning & Zoning Commission Minutes 2d. June 25, 2018 Planning & Zoning Commission Worksession Minutes   3.PUBLIC HEARING AGENDA ITEMS     3a Consideration of a Replat for Lot 1, Block 1, of the Panno Brothers  Addition, being a Replat of a portion of Lot 7, Block 1, of the  Pleasant Oak Estates, located at 809 Shelton Drive, Case PC19­010     3b Consideration of a Minor Plat for Lot 1, Block 1, of the Reagan  Estates 4 Addition, being Tract 1G & 1Q and Tract 1CC1, Abstract  356, in the Isaac Carodine Survey, located at 5604 Lowrie Road,  Case PC19­012     3c Consideration of a Special Use Permit (SUP) for an Accessory  Dwelling and to exceed the maximum square footage allowed for  accessory buildings on Lot 1, Block A, of the Divino Acres Addition,  located at 7205 Jo Will Street, Case ZC18­027     3d Consideration of a Special Use Permit (SUP) for a Carport and to  exceed the maximum square footage allowed for accessory buildings  on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo  Will Street, Case ZC19­007 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards August 9, 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. Planning and Zoning  Commission Agenda August 12, 2019 City of Colleyville                                                                                    Page 3 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 8/12/2019 Type Approval of Minutes Department Community Development Title 2a. May 14, 2018 Planning & Zoning Commission Minutes 2b. May 29, 2018 Planning & Zoning Commission Worksession Minutes 2c. June 11, 2018 Planning & Zoning Commission Minutes 2d. June 25, 2018 Planning & Zoning Commission Worksession Minutes Attachments 1.May 14, 2018 Planning and Zoning Commission Minutes 2.May 29, 2018 Planning and Zoning Commission Worksession Minutes 3.June 11, 2018 Planning and Zoning Commission Minutes 4.June 25, 2018 Planning and Zoning Commission Worksession Minutes 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, May 14, 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 May 14, 2018, at 7:00 p.m. Roll Call Present: Susan Mathisen, Raymond Allee, Sam van Bever, Veronica Baughman, Charles Kelley, Claudia Bevill, and Jason Elms Staff Present: Ben Bryner, Felix Landry, Taylor Schauwecker, Chief Brian Riley, Araceli Botello, and City Attorney Whitt Wyatt 1. APPROVAL OF MINUTES February 26, 2018 – Worksession Commissioner Elms made a motion to approve the February 26, 2018 Planning and Zoning Commission Worksession Minutes. Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 March 26, 2018 - Worksession Commissioner Bevill made a motion to approve the March 26, 2018 Planning and Zoning Commission Worksession Minutes. Commissioner Kelley seconded the motion. The motion to approve was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 2 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 zoning change from the AG Agricultural zoning district to the CC1 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 MARCH 26, 2018 MEETING Ben Bryner briefed the Commission. He added that the applicant has requested to table the case to the June 11, 2018 Planning and Zoning Commission Meeting in order to address concerns presented by staff. Commissioner Kelley made a motion to remove Case ZC18-001 from the table. Commissioner Baughman seconded the motion. The motion to remove the case from the table was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 The public hearing was opened at 7:06 p.m. With no citizens wishing to speak, the public hearing was closed at 7:06 p.m. Commissioner Elms made a motion to table Case ZC18-001 to the June 11, 2018 Planning and Zoning Commission Meeting. Commissioner Bevill seconded the motion. The motion to table was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 3 3b 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, TABLED FROM THE APRIL 9, 2018 MEETING Commissioner Elms made a motion to remove Case PC17-004 from the table. Commissioner Baughman seconded the motion. The motion to remove the case from the table was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 Ben Bryner briefed the Commission. He added that the applicant has requested to table the case to the June 11, 2018 Planning and Zoning Commission Meeting in order to address concerns of acquiring a drainage easement to the east of the property. The public hearing was opened at 7:11 p.m. With no citizens wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Elms made a motion to table Case PC17-004 to the June 11, 2018 meeting. Commissioner Baughman seconded the motion. The motion to table was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 3c Consideration for 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, TABLED FROM THE APRIL 9, 2019 MEETING Commissioner Kelley made a motion to remove Case SP18-001 from the table. Commissioner Bevill seconded the motion. The motion to remove the case from the table was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 4 Felix Landry presented the case and briefed the Commission. The applicant, Keith Castillo, 5112 North Wind Drive, Hurst, Texas, came forward and briefed the Commission. The public hearing was opened at 7:18 p.m. Sharon Dickson, 3813 Fox Hollow Drive, Bedford, Texas, came forward and spoke in support of the case. Ms. Dickson expressed concern regarding the foul balls in her yard. The applicant, Keith Castillo, and the architect for the project, Mark Walker, came forward and addressed questions by the Commission regarding the design of the field, the foul balls, and screening. The following citizens did not wish to speak, but would like to record their support: Summir Stanley, 5113 Montclair Drive Adam Harvell, 909 Harwood Terrace, Bedford, Texas Rusty Beam, 4702 Mill Crossing West The public hearing was closed at 7:25 p.m. Commissioner Elms made a motion to approve Case SP18-001. Commissioner Kelley seconded the motion. The motion to approve was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 3d Consideration of an amendment to the PUDR Planned Unit Development-Commercial zoning district to allow for a drive- through services on Lot 3, Block 11, Longwood Estates at Ross Downs, located at 7181 Colleyville Boulevard, Case ZC18-009 Felix Landry presented the case and briefed the Commission. The applicant, Mike Sartain, 7113 Cedar Court, came forward and briefed the Commission. Mr. Sartain addressed the questions by the Commission regarding traffic and directional signs for the drive through and internal traffic direction. Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 5 The public hearing was opened at 7:38 p.m. With no citizens wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Kelley made a motion to approve Case ZC18-009, with the condition that directional signage and a physical delineation barrier be placed between the drive-through and fire lane. Commissioner Elms seconded the motion. The motion to approve was carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Kelley, Bevill, and Elms Nay: 1 - Baughman 3e Consideration of a Special Use Permit to exceed the maximum number and total maximum size allowed by right for accessory buildings on Lot 1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat Drive, Case ZC18-010 Felix Landry presented the case and briefed the Commission. The applicant, Jeff Polk, 1904 Industrial Boulevard, Suite 104, came forward and briefed the Commission. The public hearing was opened at 7:46 p.m. With no citizens wishing to speak, the public hearing closed at 7:47 p.m. The applicant, Jeff Polk, 1904 Industrial Boulevard, Suite 104, came forward and addressed questions by the Commission regarding square footage for the accessory building. Commissioner Elms made a motion to approve Case ZC18-010. Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 3f Consideration of a zoning change from the AG Agricultural zoning district to the R-40 Single Family Residential zoning district on a portion of Lot 1, Block 1, of the Wood Estates Addition, located at 411 McDonwell School Road E, Case ZC18- 011 Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 6 Felix Landry presented the case and briefed the Commission. The applicant, Jeff Polk, 1904 Industrial Boulevard, Suite 104, came forward and briefed the Commission. The public hearing was opened at 7:55 p.m. With no citizens wishing to speak, the public hearing closed at 7:55 p.m. Commissioner Elms made a motion to approve Case ZC18-011. Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 3g Consideration of a Replat for Lot 1R, Block 1, Wood Estates Addition and Lot 1, Block 1, Westcoat Estate Addition, located at 406 & 411 McDonwell School Road E and 6605 Westcoat Drive, Case PC17-027 Felix Landry presented the case and briefed the Commission. The public hearing was opened at 7:58 p.m. With no citizens wishing to speak, the public hearing closed at 7:58 p.m. Commissioner Kelley made a motion to approve Case PC17-027. Commissioner Bevill seconded the motion. The motion to approve was carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 3h Consideration of a Special Use Permit to exceed the total maximum size allowed by right for accessory buildings and for a Servants or Caretakers Quarters on Tract 5B02, Abstract 294, in the Robert Chowing Survey, located at 5810 Pool Road, Case ZC18-012 Felix Landry presented the case and briefed the Commission. The applicant, William C. Spearman III, 2248 Bedford Circle, Bedford, Texas, and the builder, Don Ferrier, 6137 Walnut Drive, Fort Worth, Texas, came Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 7 forward and briefed the Commission. The public hearing was opened at 8:09 p.m. With no citizens wishing to speak, the public hearing closed at 8:10 p.m. Commissioner Allee made a motion to approve Case ZC18-012. Commissioner Elms seconded the motion. The motion to approve was carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Baughman, Kelley, and Elms Nay: 1 – Bevill 3i Consideration of a zoning change from the AG Agricultural and R20 Single Family Residential zoning districts to the AG Agricultural and R20 Single Family Residential zoning districts on Lot 1, Block 1, of the Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533, in the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the William E. Crooks Survey, located at 7209 & 7215 John McCain Road, Case ZC18-013 Felix Landry presented the case and briefed the Commission. The applicant, Wesley Dawson, 406 Pecan Drive, Irving, Texas, came forward and briefed the Commission. Mr. Dawson addressed questions by the Commission regarding combining the two lots. The public hearing was opened at 8:22 p.m. Scott Redfearn, 7300 Chanel Court, came forward and spoke in opposition to the case. Mr. Redfern addressed concerns regarding Agricultural zoning and density. The following citizens did not wish to speak, but would like to record their opposition: Fred Wagner, 7305 Chanel Court The public hearing closed at 8:27 p.m. Scott Redfearn, 7300 Chanel Court, was asked to come forward and address the Commission. Mr. Redfern addressed the Commission’s questions regarding the meeting between the neighbors and the applicant, the buffering between the two R-20 lots, preservation of the Oak trees, and the easement. Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 8 The applicant, Wesley Dawson, 406 Pecan Drive, Irving, Texas, came forward and addressed questions by the Commission regarding concessions to neighbors, fencing, and tree preservation, noise, visual privacy and the 30 foot easement. Commissioner Allee made a motion to approve Case ZC18-013. Commissioner Kelley seconded the motion. The motion to approve was carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Baughman, Kelley, and Elms Nay: 1 – Bevill 3j Consideration of a Preliminary Plat for the Oak Creek Addition, located at 7209 & 7215 John McCain Road, Case PC18-005 Felix Landry and Ben Bryner presented the case and briefed the Commission. The applicant, Wesley Dawson, 406 Pecan Drive, Irving, Texas, came forward and briefed the Commission. Mr. Dawson addressed questions by the Commission regarding the 30 foot easement, building within the area, tree preservation and drainage. The public hearing was opened at 8:49 p.m. Scott Redfearn, 7300 Chanel Court, came forward and spoke in opposition to the case. Mr. Redfearn address concerns regarding the tree survey exhibit and drainage. The public hearing closed at 8:52 p.m. The following citizens did not wish to speak, but would like their opposition recorded: Michael Crowe, 7309 Chanel Court Fred Wagner, 7305 Chanel Court Commissioner Allee made a motion to approve Case PC18-005, with the condition that there be a 30 foot tree preservation easement. Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Baughman, Kelley, and Elms Nay: 1 – Bevill Planning and Zoning Commission Minutes May 14, 2018 City of Colleyville Page 9 3k Consideration of a zoning change from the AG Agricultural zoning district to the RE Single Family ‘Estate’ Residential zoning district on Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey, located at 6900 Pool Road, Case ZC18-014 Felix Landry presented the case and briefed the Commission. The public hearing was opened at 9:02 p.m. With no citizens wishing to speak, the public hearing closed at 9:02 p.m. Commissioner Bevill made a motion to approve Case ZC18-014. Commissioner van Bever seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mathisen, Allee, van Bever, Baughman, Kelley, Bevill, and Elms Nay: 0 4. ADJOURNMENT The meeting adjourned at 9:04 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, May 29, 2018 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Worksession meeting was called to order by Chair Mathisen on May 29, 2018, at 6:15 p.m. Roll Call Present: Raymond Allee, Sam van Bever, Susan Mathisen, and Jason Elms Absent: Veronica Baughman, Charles Kelley, Claudia Bevill Staff Present: Ben Bryner, Chief Brian Riley, Robert McKeown, Araceli Botello, and City Attorney Whitt Wyatt 2. PRESENTATION AND DISCUSSION 2a Presentation and discussion of a request for a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on property located at 5005 Colleyville Boulevard, Suite 240 Ben Bryner presented the case and briefed the Commission. 2b Presentation and discussion of a request for a Special Use Permit for Package Store and Alcoholic Beverage Sales – Off-Premises Consumption on property located at 8070 Precinct Line Road Ben Bryner presented the case and briefed the Commission. There was general discussion regarding the property owners and transfer of alcohol licensing. 2c Presentation and discussion of a request for an amendment to the PUD-C on property located at 7101 Colleyville Boulevard Ben Bryner presented the case and briefed the Commission. There was general discussion regarding signage, sales tax, traffic, and square footage for gross floor area. Planning and Zoning Commission Minutes May 29, 2018 City of Colleyville Page 2 3. ADJOURNMENT The meeting adjourned at 6:35 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, June 11, 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 June 11, 2018, at 7:04 p.m. Roll Call Present: Susan Mathisen, Raymond Allee, Veronica Baughman, Claudia Bevill, and Jason Elms Absent: Sam van Bever Staff Present: Ben Bryner, Felix Landry, Taylor Schauwecker, Chief Brian Riley, Eddie Tangadunrat, Robert McKeown, Araceli Botello, and City Attorney Whitt Wyatt 1. APPROVAL OF MINUTES March 26, 2018 Commissioner Bevill made a motion to approve the March 26, 2018 Planning and Zoning Commission Worksession Minutes. Commissioner Elms seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 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 Planning and Zoning Commission Minutes June 11, 2018 City of Colleyville Page 2 3a Consideration of a Special Use Permit for Alcohol Beverage Sales-On- Premise Consumption on Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville Boulevard, Suite 240, Case ZC18-015 Ben Bryner presented the case and briefed the Commission. The public hearing was opened at 7:12 p.m. With no citizens wishing to speak, the public hearing was closed at 7:12 p.m. Commissioner Elms made a motion to approve Case ZC18-015. Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 3b Consideration of a Special Use Permit for Package Store and Alcoholic Beverage Sales –Off-Premises Consumption on Lot 3, Block 2, of the Lavaca Trail Addition, located at 8070 Precinct Line Road, Case ZC18-016 Ben Bryner presented the case and briefed the Commission. Applicant Payal Brahmbhatt, 957 Parkridge Drive, Allen, came forward and briefed the Commission. The public hearing was opened at 7:18 p.m. With no citizens wishing to speak, the public hearing was closed at 7:18 p.m. Commissioner Allee made a motion to approve Case ZC18-006 and Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 3c Consideration for an amendment to the PUD-C Planned Unit Development – Commercial zoning district to allow for maximum square footage for a restaurant on Lot 1RA2, Block 1, of the Tropicana Fuels Addition, located at 7101 Colleyville Boulevard, Case ZC18-017 Planning and Zoning Commission Minutes June 11, 2018 City of Colleyville Page 3 Ben Bryner presented the case and briefed the Commission. Applicant Bradley Mayhall, 1808 Harwood Court, Hurst, came forward and briefed the Commission. The applicant addressed questions by the Commission regarding the dumpster enclosure and screening. The property owner, Randy Johnson, 7101 Colleyville Boulevard, came forward and briefed the Commission. The property owner addressed questions by the Commission regarding the proposed location of the dumpster, the dumpster enclosure, speed bumps, screening, and parking. The public hearing was opened at 7:35 p.m. The public hearing was closed at 7:36 p.m. The following citizens did not wish to speak, but would like to have their support recorded: Jerald Posten, 1808 Harwood Court The property owner, Randy Johnson, 7101 Colleyville Boulevard, came forward and addressed questions of the Commission. The property owner addressed questions regarding the proposed location of the dumpster, signage, and fencing. Commissioner Allee made a motion to approve Case ZC18-017 and Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 3d 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, TABLED FROM THE MAY 14, 2018 MEETING Commissioner Elms made a motion to remove Case PC17-004 from the table. Commissioner Baughman seconded the motion. The motion to remove the case from the table was carried by the following vote: Planning and Zoning Commission Minutes June 11, 2018 City of Colleyville Page 4 Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 Ben Bryner presented the case and briefed the Commission. The public hearing was opened at 7:43 p.m. Richard Freitag, 7105 Cast Iron Forest Trail, came forward and spoke in opposition to the case. Mr. Freitag addressed concerns regarding drainage, detention pond, endangered species, retaining wall, and tree removal. Jennifer Johnson, 203 Colden Court, came forward and spoke in opposition to the case. Mr. Johnson addressed concerns regarding drainage and detention pond Brandon Battles, 101 John McCain Road, came forward and spoke in opposition to the case. Mr. Battles addressed concerns regarding drainage. The applicant and Senior Project Manager with Toll Brothers, Greg Powell, 2557 Southwest Grapevine Parkway, Grapevine, Texas, came forward and briefed the Commission. The applicant addressed the concerns brought forth by the citizens regarding drainage, retention pond, reduction in number of lots proposed, trees, and legal drainage easements. The public hearing was closed at 8:04 p.m. Commissioner Elms made a motion to table Case PC17-004 to the July 9, 2018 Planning and Zoning Commission meeting. Commissioner Baughman seconded the motion. The motion to table was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 3e 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 MAY 14, 2018 MEETING Commissioner Elms made a motion to remove Case ZC18-001 from the table. Commissioner Bevill seconded the motion. Planning and Zoning Commission Minutes June 11, 2018 City of Colleyville Page 5 The motion to remove the case from the table was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 Ben Bryner presented the case and briefed the Commission. The public hearing was opened at 8:21 p.m. DeWayne Smart, 1809 Camden Green, came forward and spoke in opposition to the case. Mr. Smart addressed concerns regarding silt in the pond. Polly Tyler, 1908 Arrington Court, came forward and spoke in opposition to the case. Mr. Tyler addressed concerns regarding silt in the pond and communication. The public hearing closed at 8:28 p.m. The following citizens did not wish to speak, but would like to have their opposition recorded: Don Perfect, 1909 Camden Court There was general discussion among the Commission regarding the concerns brought forth by the citizens, the applicant not being present at the meeting to address concerns, and the Commissions’ options regarding the case. Commissioner Elms made a motion to deny Case ZC18-001 and Commissioner Baughman seconded the motion. The motion to deny was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 3f Consideration of amendments to the Land Development Code, specifically Chapter 1 – General Provisions, Chapter 4 - Landscaping and Buffering, and Chapter 6 – Commercial Design Standards Ben Bryner presented the item and briefed the Commission. There was general discussion regarding property owner notification, slope, and site plans. Planning and Zoning Commission Minutes June 11, 2018 City of Colleyville Page 6 Commissioner Baughman made a motion to approve the amendments to Chapter 1 – General Provisions as presented. Commissioner Elms seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 Chairwoman Mathisen called for a recess at 9:25 p.m. The meeting resumed at 9:30 p.m. There was general discussion regarding landscaping materials, parking lot landscaping, tree preservation, and mobile homes. Commissioner Elms made a motion to approve the amendments to Chapter 4 – Landscaping and Buffering as presented. Commissioner Baughman seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 Commissioner Bevill made a motion to table Chapter 6 – Commercial Design Standards, to the July 9, 2018 Planning and Zoning Commission Meeting. Commissioner Baughman seconded the motion. The motion to table was carried by the following vote: Aye: 5 – Mathisen, Allee, Baughman, Bevill, and Elms Nay: 0 4. ADJOURNMENT The meeting adjourned at 9:56 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, June 25, 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 June 25, 2018, at 6:16 p.m. Roll Call Present: Sam Van Bever, Susan Mathisen, Claudia Bevill, Jason Elms, and Matt Koch Absent: Veronica Baughman and Raymond Allee Staff Present: Ben Bryner, Chief Brian Riley, Robert McKeown, Araceli Botello, and City Attorney Whitt Wyatt 2. PRESENTATION AND DISCUSSION 2a Presentation and discussion of a proposed Replat on property located at 1104 Tinker Road Ben Bryner presented the case and briefed the Commission. There was general discussion regarding maintenance of the property, public access, and right-away abandonment, and concerns of a 12 foot easement. 2b Presentation and discussion of a request for a zoning change from the R-40 Single Family Residential zoning district to the R- 30 Single Family Residential zoning district on property located at 1713 Glade Road Ben Bryner presented the case and briefed the Commission. There was general discussion regarding lot coverage and lot width. 2c Presentation and discussion of a proposed Minor Plat on property located at 1713 Glade Road Ben Bryner presented the case and briefed the Commission. Planning and Zoning Commission Worksession Minutes June 25, 2018 City of Colleyville Page 2 There was general discussion regarding lot size, lot width, and the applicant’s zoning request. 2d Presentation and discussion of a request for 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 property located at 1312 John McCain Road and 7309 Holly Lane N Ben Bryner presented the case and briefed the Commission. The applicant, Curtis Young came forward and briefed the Commission. Mr. Young addressed site plan updates, drainage, fencing, open space, discussions with surrounding property owner regarding their concerns, and entry access. 2e Presentation and discussion of amendments to the Land Development Code, specifically Chapter 3 – Land Use, Chapter 6 – Commercial Design Standards, Chapter 8 – Plat Review Procedures, and Chapter 9 – Subdivision Design & Public Facilities Ben Bryner presented the case and briefed the Commission. 2f Consideration of amendments to the Land Development Code, specifically Chapter 1 – General Provisions, Chapter 4 - Landscaping and Buffering, and Chapter 6 – Commercial Design Standards Ben Bryner presented the case and briefed the Commission. There was general discussion regarding deferring some of the chapters that are proposed for amendments to a later date for discussion. 3. ADJOURNMENT The meeting adjourned at 6:55 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 8/12/2019 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Replat for Lot 1, Block 1, of the Panno Brothers Addition, being a Replat of a portion of Lot 7, Block 1, of the Pleasant Oak Estates, located at 809 Shelton Drive, Case PC19-010 Explanation Bryan Connally, the applicant, has submitted a request for a Replat of Lot 1, Block 1, Panno Brothers Addition, being a portion of Lot 7, Block 1, of the Pleasant Oak Estates Addition, being approximately 1.01 acres, and zoned R-40 Single Family Residential district. The purpose is to plat the property into one single-family residential lot and allow the construction of a new home. There are no new lots proposed. Existing Conditions/Background: The subject property, 809 Shelton Drive, resides on the south side of Shelton Drive west of the intersection with Pleasant Run Road. The subject property has R-40 zoning and the tract are developed with a single family home which is being demolished so a new single family residential home may be built. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-40 zoning regulations require the following standards: Minimum Lot Area: 40,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 150 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 20 percent Maximum Impervious Coverage: 50 percent As submitted, the proposed plat does not meet some of the requirements of the R-40 Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 zoning as described in the Land Development Code and plat waivers are necessary to obtain. The net lot size drops below the required 40,000 SF to 38,676 SF because of the dedication of required right-of-way. The lot width is also approximately 134 feet, under the required 150 feet minimum. Surrounding Development: The surrounding area consists of properties zoned R-40 Single Family Residential district and AG Agricultural district and are improved with single family residential uses and institutional uses. Analysis: The proposed lot layout necessitates a request for plat waivers for the lot size and the lot width. The allowance for the lot waivers would allow for the lot to be compatible with the R-40 zoning and meet 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 of the Replat with plat waivers for lot area and lot width. The request will allow development of a single-family home on the property. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Plat Exhibit 5.Grading Plan 6.Notification Map 7.Notification List 8.Property Owner Notification Letter 9.Draft Resolution 6100 809 5912 6014 801 816 6001 805 800 804 5916 6105 1100PLEASANT RUN ROADCOOKS LANE SH EL TON 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. PC19-010 K809 Shelton Drive Subject Property 6114 6100 709 705 6008 800 704 900 700 6013 6112 5900 6001 6208 808 6104 701 705 708 809 5912 6200 5917 6014 6114 801 816 6204 805 704 6101 6001 5904 5804 6103 812 805 801 612 5908 701 609 800 6108 804 5916 717 6105 1100 6005 SH ELTON DRIVE PLEASANT RUN ROADHUNTER LANECOOKS LANE BEVERLY DRIVE R-30 R-40 R-10 R-20 R-40 AG R-40 R-40 R-30 R-20 R-30 AG 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. PC19-010 K809 Shelton Drive Subject Property 6114 6100 705 6008 800 704700 905 6013 6101 6112 5900 6001 6208 808 6104 701 708 809 5912 903 6200 5917 6014 6114 801 816 6204 901 704 6101 6001 5904 6103 812 805 612 5908 609 800 6108 804 5916 907 6105 1001 1100 6005 SH EL TON DRIVE PLEASANT RUN ROADCOOKS LANE WALLER LANEBEVERLY 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. 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PC19-010 K809 Shelton Drive Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address CONGREGATION BETH ISRAEL P.O. BOX 397 COLLEYVILLE, TX 76034 6100 PLEASANT RUN RD GABLE, STEPHAN D 705 SHELTON DR COLLEYVILLE, TX 76034 705 SHELTON DR SLINEY, PAMELA M 6008 COOKS LN COLLEYVILLE, TX 76034 6008 COOKS LN MCCLURE, RICK 800 BEVERLY DR COLLEYVILLE, TX 76034 800 BEVERLY DR IRVING INVESTMENT LTD 4004 GATEWAY DR #109 COLLEYVILLE, TX 76034 704 SHELTON DR MCMEANS, JAY B 6013 COOKS LN COLLEYVILLE, TX 76034 6013 COOKS LN ROBBINS, JANICE W 5900 PLEASANT RUN RD COLLEYVILLE, TX 76034 5900 PLEASANT RUN RD ST CLAIR, LLOYD S 808 BEVERLY DR COLLEYVILLE, TX 76034 808 BEVERLY DR NORVILLE, MADELYN E 701 SHELTON DR COLLEYVILLE, TX 76034 701 SHELTON DR WALLACE, ROGER A 708 BEVERLY DR COLLEYVILLE, TX 76034 708 BEVERLY DR GARY PANNO INC P.O. BOX 715 COLLEYVILLE, TX 76034 809 SHELTON DR HASSAN FAMILY TRUST, THE 5912 PLEASANT RUN RD COLLEYVILLE, TX 76034 5912 PLEASANT RUN RD MCINTYRE, TREVOR 5917 HUNTER LN COLLEYVILLE, TX 76034 5917 HUNTER LN GROSSMAN, LISA 6014 PLEASANT RUN RD COLLEYVILLE, TX 76034 6014 PLEASANT RUN RD WILLIS, SCOTT A 6114 PLEASANT RUN RD COLLEYVILLE, TX 76034 6114 PLEASANT RUN RD ELMS, JASON R 801 SHELTON DR COLLEYVILLE, TX 76034 801 SHELTON DR 816 SHELTON DR PLEASANT RUN BAPTIST CHURCH 6005 PLEASANT RUN RD COLLEYVILLE, TX 76034 6001 PLEASANT RUN RD MENON, SUNEEL 6204 PLEASANT RUN RD COLLEYVILLE, TX 76034 5904 PLEASANT RUN RD PENNINGTON, DAVID F 812 BEVERLY DR COLLEYVILLE, TX 76034 812 BEVERLY DR DAY, JAMES B 805 SHELTON DR COLLEYVILLE, TX 76034 805 SHELTON DR KAUL, SONIA 5908 PLEASANT RUN RD COLLEYVILLE, TX 76034 5908 PLEASANT RUN RD EVANS, WADE 800 SHELTON DR COLLEYVILLE, TX 76034 800 SHELTON DR WALKER, DONNA 804 SHELTON DR COLLEYVILLE, TX 76034 804 SHELTON DR CRUSON, GLEN A 5916 PLEASANT RUN RD COLLEYVILLE, TX 76034 5916 PLEASANT RUN RD COULTER, MONA COOK 6105 PLEASANT RUN RD COLLEYVILLE, TX 76034 6105 PLEASANT RUN RD GRAPEVINE, ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 1100 BOGART DR ALIANNE ESTATES 6201 THERESA LANE COLLEYVILLE, TX 76034 COURTESY NOTICE HIDDEN OAKS ESTATES 909 DOGWOOD COURT COLLEYVILLE, TX 76034 COURTESY NOTICE LAUREL OAKS ESTATES 809 LAUREL OAKS LANE COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED CONNALLY, BRYAN 12025 SHILOH ROAD, SUITE 240 DALLAS, TX 75228 APPLICANT Public notices were mailed on July 26, 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, August 12, 2019 at 7:00 p.m. City Council Meetings: Tuesday, September 3, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a plat for Lot 1, Block 1, of the Panno Brothers Addition, being a Replat of a portion of Lot 7, Block 1, of the Pleasant Oak Estates. The purpose is to plat the property into a single-family residential lot. Zoning Case: PC19-010 Applicant: Bryan Connally Owner: Gary Panno Location: 809 Shelton Drive Property Description: A portion of Lot 7, Block 1, of the Pleasant Oak Estates Present Zoning: R-40 Single Family Residential NOTICE OF PUBLIC HEARING 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. 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 1, BLOCK 1, OF THE PANNO BROTHERS ADDITION WHEREAS,the Planning and Zoning Commission recommended approval of the Replat for Lot 1, Block 1, Panno Brothers Addition on August 12, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Replat with plat waivers for lot area being 38,676 square feet and lot width being 134 feet, for Lot 1, Block 1, Panno Brothers Addition Addition on approximately 1.01 acres, 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 3rd DAY OF SEPTEMBER 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 8/12/2019 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Minor Plat for Lot 1, Block 1, of the Reagan Estates 4 Addition, being Tract 1G & 1Q and Tract 1CC1, Abstract 356, in the Isaac Carodine Survey, located at 5604 Lowrie Road, Case PC19-012 Explanation Robert McCann III, the owner, has submitted a request for a Minor Plat of Lot 1, Block 1, Regan Estates 4, being Tract 1G & 1Q and Tract 1CC1, Abstract 356, in the Issac Carodine Survey, being approximately 1.11 acres, and zoned R-40 Single Family Residential district. The purpose is to plat the property into one single-family residential lot and allow the construction of a new accessory building. There are no new lots proposed. Existing Conditions/Background: The subject property, 5604 Lowrie Road, resides on the west side of Lowrie Road south of the intersection of Lowrie Road and W. L.D. Lockett Road. The subject property has R-40 zoning and the tracts are developed with a single family home. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-40 zoning regulations require the following standards: Minimum Lot Area: 40,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 150 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 20 percent Maximum Impervious Lot Coverage: 50 percent Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 As submitted, the proposed plat does not meet some of the requirements of the R-40 zoning as described in the Land Development Code and a plat waiver is necessary to obtain. The lot width is 145 feet, just under the required 150 feet minimum. Surrounding Development: The surrounding area consists of properties zoned R-40 Single Family Residential district and all are improved with single family residential uses. Analysis: The proposed lot layout necessitates a request for a plat waiver for the lot width. The allowance for the plat waiver then would allow for the lot to be compatible with the R-40 zoning and meet 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 of the replat with plat waivers for lot area and lot width. The request will allow development of a new accessory building on the property. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Plat Exhibit 5.Topographic Exhibit 6.Draft Resolution 5600 5514 707 5700 5608 5601 5650 5604 5516 5609 5600 5605 5600 LOWRIE ROADAerial 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. PC19-012 K5604 and 5650 Lowrie Road Subject Property 5600 5512 5604 909 5514 707 5700 5805 805 5608 701 5601 5650 5509 5604 5513 716 609 5516 709 5600 5609 5600 5605 705 907 509 5512 605801 5600 601 5804712 5508 5508 729 5508 W L D L OCKETT R OA D LOWRIE ROADR-30 R-20 R-20 R-20 R-40 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. PC19-012 K5604 and 5650 Lowrie Road Subject Property 5600 5512 5604 909 5514 707 5700 5805 805 5608 701 5601 5650 5509 5604 5513 716 609 5516 709 5600 5609 5600 5605 705 907 5512 605801 5600 601 35804712 5508 5508 729 5508 W L D L O C KE TT R OA D LOWRIE ROADFuture 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. PC19-012 K5604 and 5650 Lowrie Road Subject Property Residential Open Space; Parks LGF LAND SURVEYING, LLC132 PR 7869HOLLY LAKE RANCH, TEXAS 75765PHONE (214) 289-6804FIRM NO. 10148100LARRY@LGFSURVEYS.COMPage 1 of 1City Case No. __________Isaac Carodine Survey, Abstract No. 356City of Colleyville, Tarrant County, TexasOwners: Robert E. & Kathryn S.McCann5604 Lowrie RoadColleyville, TX 76034Ph: (972) 342-9752Dedication CertificateWHEREAS, Robert E. & Kathryn S. McCann, are the owners of a tract of land situated in the Isaac CarodineSurvey, Abstract No. 356, Tarrant County, Texas, and being a 0.865 acre tract conveyed to them byInstrument No. D199302207, and also being a 0.246 acre tract conveyed to them by Instrument No.D205175725 and being more particularly described as follows:Being a 1.111 acre tract of land situated in the Isaac Carodine Survey, Abstract No. 356, Tarrant County,Texas, and being a 0.865 acre tract conveyed to them by Instrument No. D199302207 and also being a 0.246acre tract conveyed to them by Instrument No. D205175725 and being more particularly described as follows:at a 1/2 inch iron rod found on the westerly right-of-way line of Lowrie Road (a 50 foot right-of-way) for thecommon corner of this tract and Lot 1, Block 1, Reagan Estates 3 and addition to the City of Fort Worth,Tarrant County, Texas as recorded in Instrument No. D214214392 of the Official Public Records of TarrantCounty, Texas;THENCE South 00°00'00" East along said westerly right-of-way line of Lowrie Road for a distance of 145.00feet to a 1/2 inch iron rod found for the common corner of this tract and Lot 5, Block 2, Reagan Estates, anAddition to the City of Fort Worth as recorded in Volume 388-30, Page 145 of the Official Public Records ofTarrant County, Texas;THENCE South 89°56'55" West along the common line for a distance of 334.10 feet to a 1/2 inch iron rodfound on the easterly line of a tract of land described in deed to Michael P. and Lori J. Rawson as recorded inVolume 10458, Page 524 of the Official Public Records of Tarrant County, Texas;THENCE North 00°07'09" East along the common line for a distance of 144.88 feet to a 1/2 inch iron rodfound;THENCE North 89°55'05" East for a distance of 333.80 feet to the POINT OF BEGINNING.Said tract having a computed area of 48,414 square feet or 1.111 Acres.Surveyor's CertificationKNOW ALL MEN BY THESE PRESENTS:That I, Larry G. Ferguson, a Registered Professional Land Surveyor licensed in the State of Texas, do herebycertify that this Plat is true and correct and was prepared from an actual survey made under my supervisionon the ground. Further, this survey conforms to the general rules of procedures and practices of the mostcurrent Professional Land Surveying Practices Act.__________ ____________________________________ __________________Signature Date(Affix Seal)Planning and Zoning Commission ApprovalWHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this_______ day of ____________________________________, 2019, to approve this Plat.____________________________________Chairman, Planning and Zoning Commission_____________________________________Attest: Secretary, Planning and Zoning CommissionSTATE OF TEXASCOUNTY OF TARRANTBefore me, the undersigned Notary Public in and for said county and State on this day personally appeared__________________________, known to me to be the person whose name is subscribed to the foregoinginstrument and acknowledged to me that he executed the same for the purpose and considerations thereinexpressed, and in the capacity therein stated.Given under my hand and seal of office this _______ day of ______________________________, 2019._____________________________________Notary Public in and for Tarrant County(affix seal) __________________________________________________________________________My commission expires:MINOR PLATREAGAN ESTATES 4Lot 1, Block 1Date of Plat: June 26, 2019Revised: July 15, 2019General Notes:1. Bearings are based on the westerly right-of-way line of Lowrie Road as described in WarrantyDeed to Robert E McCann III and Kathryn S McCann, recorded in Vol 141296, Pg 537, OfficialPublic Records, Tarrant County, Texas.2. Drainage Easement Restriction: No construction or filling, without the written approval of theCity of Colleyville shall be allowed within a drainage easement, and then only after detailedengineering plans and studies show that no flooding will result, that no obstruction to the naturalflow of water will result, and subject to all owners of the property affected by such constructionbecoming a party to the request. Where construction is permitted, all finished floor elevationsshall be a minimum of two feet above the 100-year flood elevation.3. Utility Easements: Any public utility, including the City of Colleyville, shall have the right tomove and keep moved all or part of any building, fences, shrubs, other growths orimprovements which in any way endanger or interfere with the construction, maintenance, orefficiency of its respective systems on any of the easements shown on the plat; and any publicutility, including the City of Colleyville, shall have the right at all times of ingress and egress toand from and upon said easements for the purpose of construction, reconstruction, inspection,patrolling, maintaining and adding to or removing all or part of its respective systems without thenecessity at any time of procuring the permission of anyone.4. The City of Colleyville shall not be responsible for maintenance of private drives, emergencyaccess easements, recreation areas and open spaces.5. No permanent structures shall be constructed over an existing water, sanitary sewer, or utilityeasement as per the water and wastewater installation policy6. Vol. VolumePg. PageIRF Iron Rod FoundOwner's Statement of the Purpose of the Plat :Owner is combining two un-platted lots in anticipation of adding a future accessory building. Currently citycodes do not allow for a building permit to be issued for any un-platted lot and city staff requires verificationthat all the site and buildings are compliant with the Land Development Code before issuance of any futurepermits.In addition, the original parcel which was built upon in the 1960's, and is non-complaint with current R-40zoning, the parcels are only 145 ft, vs 150 wide, requiring a variance vs. a minor plat.Now therefore, know all persons by these presents:That We, Robert E. & Kathryn S. McCann, Owners, do hereby adopt this plat designating the hereinbeforedescribed property as Reagan Estates 4, and addition to the City of Colleyville, Tarrant County, Texas, and dohereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, anddo hereby reserve the easements shown on this plat for the mutual use and accommodation of all publicutilities desiring to use or using the same. Any public utility shall have the right to remove and keep removedall or part of any buildings, fences, trees, shrubs or other improvements or growths in which any wayendanger or interfere with the construction , maintenance or efficiency of its respective systems on any ofthese easements, and any public utility shall at all times have the right of ingress and egress to and from andupon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without thenecessity at any time of procuring the permission of anyone. This plat approved subject to all plattingordinances, rules, regulations, and resolutions of the City of Colleyville, Texas.Witness our hands this _________________________ day of _________________, 20_____._____________________________________________________________Robert E. McCann_____________________________________________________________Kathryn S. McCannPoint ofBeginning RESOLUTION R-19-XXXX A RESOLUTION APPROVING A REPLAT FOR A MINOR PLAT, LOT 1, BLOCK 1, OF THE REGAN ESTATES 4 ADDITION WHEREAS,the Planning and Zoning Commission recommended approval of the Minor Plat for Lot 1, Block 1, Regan Estates 4 Addition on August 12, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Minor Plat with plat waiver for lot width being 145 feet, for Lot 1, Block 1, Regan Estates Addition on approximately 1.111 acres, 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 3rd DAY OF SEPTEMBER 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 3c Agenda Date 8/12/2019 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit (SUP) for an Accessory Dwelling and to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC18-027 Explanation Alan Hilsabeck, the applicant, has submitted a request for a Special Use Permit (SUP) for an accessory dwelling unit and to exceed the 4% lot coverage for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, being approximately 0.5738 acres, and zoned R-20 Single Family Residential district. Existing Conditions/Background: The subject property, 7205 Jo Will Street, has R- 20 zoning and is located on the east side of Jo Will Street north of the intersection of John McCain Road and Jo Will Street. The subject property has a single family residence with an accessory building. SUP Request: Request – The applicant is requesting approval of an SUP to allow for a detached accessory dwelling unit. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and number of accessory buildings to be permitted by staff on a residential lot: “2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed four percent (4%) of the aggregate area of the lot. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from the requirement for the maximum number of accessory buildings. b. Accessory dwellings allowed by the Land Development Code shall be limited in size to be no more than the most restrictive of the following: 1. Fifty percent (50%) of the primary structure; Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 2. The maximum allowed square footage for accessory buildings on the lot; or 3. No more than twelve hundred (1,200) square feet The applicant proposes to utilize a 1,150 SF accessory building as an accessory dwelling for a family member. The total lot area is 24,995 SF and 4 percent of the total lot area is 1,000 SF. Therefore, this SUP request also includes considering the 0.6% increase above the 4% lot area for a total of 4.6%, which is allowed by the Land Development Code, Section 3.27.A.6: Special Use Permit Provision: Any request for a building permit for an accessory building 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. Analysis: Any request for a building permit for an accessory building shall only be authorized after approval of a Special Use Permit by the City Council per the Schedule of Permitted Principal Uses for the R-20 zoning district. The proposed accessory dwelling is going to function as a residence for a family member with the capability of a full kitchen, to include a stove and other appliances. The proposed accessory dwelling complies with all other requirements of Section 3.27. The site plan, floor plan, and elevations have been included as attachments for your review. Surrounding Development: The properties to the north, south, east, and west are zoned R-20 zoning and contain single-family residential development. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: Based on the following findings, staff recommends approval of the requested SUP for both the accessory dwelling and to exceed the square footage allowed by right: The proposed accessory dwelling building only slightly exceeds the lot coverage requirement. Architecturally, the accessory dwelling unit looks compatible to the main structure and appears to have no negative impact on surrounding properties. Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 3 Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Site Plan 5.Floor Plan 6.Building Elevations 7.Photos by Applicant 8.Notification Map 9.Notification List 10.Property Owner Notification Letter 11.Draft Ordinance 7300 7208 7205 7204 7209 7204 7201 7200 7208 JO WILL STREETAerial 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. ZC18-027 K7205 Jo Will Street Subject Property 7300 7208 7301 71097108 7117 7109 7113 7300 7200 7305 7205 7301 7204 7205 7409 7212 1008 7113 7304 7204 7208 7209 7204 72017200 7309 7201 7112 7109 7308 7305 7105 7213 7304 7205 7209 7208 7201 71127113 7101WALDON COURTCEDARCOURTJO WILL STREETPUD-R AG R-20 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. ZC18-027 K7205 Jo Will Street Subject Property 7300 7208 7301 71097108 7117 7109 7113 7200 7300 7200 7305 7205 7301 7204 7205 7409 7212 1008 7113 7304 7204 7208 7209 7204 72017200 7309 7201 7112 7109 7308 7305 7105 7213 7304 7205 7209 7208 7201 71127113 7101WALDON COURTCEDARCOURTJO WILL STREETFuture 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. ZC18-027 K7205 Jo Will Street Subject Property Residential MATERIALPRODUCTSTRADENAMEMODELNUMBERMATERIALPRODUCTSTRADENAMEMODELNUMBERMATERIALPRODUCTSTRADENAMEMODELNUMBER MATERIALPRODUCTMODELNUMBERTRADENAME MATERIALPRODUCTTRADENAMEMODELNUMBER 7110 7300 7208 7301 800 7109 813 7108 7117 7109 1110 7113 7100 7114 7401 7408 901 7200 7300 7200 7305 7205 7301 7317 7112 7204 7205 7020 7400 1104 7409 7212 7404 1008 7210 7113 7304 7312 801 7312 7204 7208 7209 7204 72017200 1208 7309 7201 7112 7109 7117 7405 1212 7308 7305 7313 7113 7308 7105 7327 7213 7309 7323 7308 7304 7205 7018 7315 7209 7331 7208 7201 71127113 7312 7412 7101 JO HN MCCAIN ROADWALDONCOURT H OL L Y LA NE WALDONCOURTJOWILLSTREETCEDAR COURTNotification 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. ZC18-027 K7205 Jo Will Street Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address ROFAEIL, NAGY A M 929 CRESTVIEW DR BEDFORD, TX 76021 7110 WALDON CT COFFMAN, BLAINE 7300 CEDAR CT COLLEYVILLE, TX 76034 7300 CEDAR CT BURNS, ROBBIE S 7208 JO WILL ST COLLEYVILLE, TX 76034 7208 JO WILL ST STONES, BLAKE R 7301 CEDAR CT COLLEYVILLE, TX 76034 7301 CEDAR CT STEVENSON, BARBARA J 7109 CEDAR CT COLLEYVILLE, TX 76034 7109 CEDAR CT HUFF, LINDA D BROCK 7108 JO WILL ST COLLEYVILLE, TX 76034 7108 JO WILL ST SALCIDO, PETER 7117 WALDON CT COLLEYVILLE, TX 76034 7117 WALDON CT WALKER, TERRY T 7109 JO WILL ST COLLEYVILLE, TX 76034 7109 JO WILL ST SARTAIN, MICHAEL K 1124 GLADE RD COLLEYVILLE, TX 76034 7113 CEDAR CT CAFFEY, MARK 7114 WALDON CT COLLEYVILLE, TX 76034 7114 WALDON CT STANDRIDGE, GEORGE 7200 WALDEN CT COLLEYVILLE, TX 76034 7200 WALDON CT HERSHON, DESIREE ANN 7300 JO WILL ST COLLEYVILLE, TX 76034 7300 JO WILL ST LOVE FAMILY TRUST 7200 CEDAR ST COLLEYVILLE, TX 76034 7200 CEDAR CT BALL, DONNA 7305 CEDAR RD COLLEYVILLE, TX 76034 7305 CEDAR CT JOHNSON, FELICIA 7205 JO WILL ST COLLEYVILLE, TX 76034 7205 JO WILL ST VALDEZ, ERNESTO 7301 JO WILL ST COLLEYVILLE, TX 76034 7301 JO WILL ST GUIRGUIS, WAGUIH 7204 WALDON CT COLLEYVILLE, TX 76034 7204 WALDON CT CAMPBELL, RICKY J 7205 CEDAR CT COLLEYVILLE, TX 76034 7205 CEDAR CT GENCO, FRANK R 1104 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1104 JOHN MCCAIN RD TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7409 PLEASANT RUN RD HAZEN, RICHARD W 7212 WALDON CT COLLEYVILLE, TX 76034 7212 WALDON CT MCMAHAN, BRANDON 1008 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1008 JOHN MCCAIN RD WILLIAMSBURG EST HOA INC 7117 WALDON CT COLLEYVILLE, TX 76034 7210 WALDON CT BAUER, TRENT A 7113 WALDON CT COLLEYVILLE, TX 76034 7113 WALDON CT QUINN, DIANA 7304 CEDAR CT COLLEYVILLE, TX 76034 7304 CEDAR CT ISBELL, J G 7204 JO WILL ST COLLEYVILLE, TX 76034 7204 JO WILL ST POLIT, PETER 7208 WALDON CT COLLEYVILLE, TX 76034 7208 WALDON CT LIVELY, PETRA 7209 JO WILL ST COLLEYVILLE, TX 76034 7209 JO WILL ST GROSS, PAMELA L 7204 CEDAR CT COLLEYVILLE, TX 76034 7204 CEDAR CT DIVINO, VINCENT 7201 JO WILL ST COLLEYVILLE, TX 76034 7201 JO WILL ST SOLIS, VANCE 7200 JO WILL ST COLLEYVILLE, TX 76034 7200 JO WILL ST NEWTON, RICHARD W 1208 HOLLY LN COLLEYVILLE, TX 76034 1208 HOLLY LN N ACOVENO, JOE F 7309 CEDAR CT COLLEYVILLE, TX 76034 7309 CEDAR CT HAWKINS, STEVEN L 7201 WALDON CT COLLEYVILLE, TX 76034 7201 WALDON CT MAPLES, BARBARA M 5312 COLORADO BLVD NORTH RICHLAND HILLS, TX 76180 7112 JO WILL ST LEE, CLARENCE K 7109 WALDON CT COLLEYVILLE, TX 76034 7109 WALDON CT STONES, BLAKE R 7308 CEDAR CT COLLEYVILLE, TX 76034 7308 CEDAR CT DAVIDSON, SHANNON 7305 JO WILL ST COLLEYVILLE, TX 76034 7305 JO WILL ST COPPOLA, MARCO 7105 WALDON CT COLLEYVILLE, TX 76034 7105 WALDON CT SADLER, MITZI 7213 WALDEN CT COLLEYVILLE, TX 76034 7213 WALDON CT GATES, TERRY 7309 JO WILL ST COLLEYVILLE, TX 76034 7309 JO WILL ST LARSON, THOMAS R 7308 JO WILL ST COLLEYVILLE, TX 76034 7308 JO WILL ST HUBBARD, VICKI GREEN 7304 JO WILL ST COLLEYVILLE, TX 76034 7304 JO WILL ST LYON, REGINALD O 2520 K AVE STE 700 #287 PLANO, TX 75074 7205 WALDON CT TROUNG, RICHARD 7209 WALDON CT COLLEYVILLE, TX 76034 7209 WALDON CT MULLINS, RICHARD V 7208 CEDAR CT COLLEYVILLE, TX 76034 7208 CEDAR CT LATZER, ANN MARIE 7201 CEDAR CT COLLEYVILLE, TX 76034 7201 CEDAR CT GRASSI, JAIME WISEMAN 7112 CEDAR CT COLLEYVILLE, TX 76034 7112 CEDAR CT DIVINO, VINCENT 7201 JO WILL ST COLLEYVILLE, TX 76034 7113 JO WILL ST DILLARD, DANA 7101 WALDON CT COLLEYVILLE, TX 76034 7101 WALDON CT CASTLETON MANOR 1560 E. Southlake Blvd.SOUTHLAKE, TX 76092 COURTESY NOTICE SHALIMAR ADDITION 6916 Shalimar Court COLLEYVILLE, TX 76034 COURTESY NOTICE WARWICK PARC 4113 Gateway Drive Suite 100 COLLEYVILLE, TX 76034 COURTESY NOTICE WILLIAMSBURG ESTATES ADDITION 7113 Waldon Court COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED HILSABECK, ALAN 4317 THAMES COURT FLOWER MOUND, TX 75028 APPLICANT Public notices were mailed on July 26, 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, August 12, 2019 at 7:00 p.m. City Council Meetings: Tuesday, September 3, 2019 & Tuesday, September 17, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit (SUP) for an Accessory Dwelling and to exceed the maximum square footage allowed for accessory buildings. The request is to convert a 1,150 sq. ft., existing structure into a dwelling unit with a built-in kitchen and storage space. Zoning Case: ZC18-027 Applicant: Alan Hilsabeck Owner: Gregory Johnson Location: 7205 Jo Will Street Property Description: Lot 1, Block A, of the Divino Acres Addition Present Zoning: R-20 Single Family Residential 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. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING 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. 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 ORDINANCE O-19-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.5738 ACRES, BEING LOT 1, BLOCK A OF THE DIVINO ADDITION, LOCATED AT 7205 JO WILL STREET, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLLING AND TO EXCEED THE 4% LOT COVERAGE FOR ACCESSORY BUILDINGS; 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 an accessory dwelling under Case No. ZC18-027; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable consideration 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 Ordinance O-19-XXXX Page 2 of 9 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in 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 an accessory dwelling and to exceed the 4% lot coverage for accessory buildings, being 0.5738 acres on Lot 1, Block A, of the Divino Addition, located at 7205 Jo Will Street, as depicted on the attached as Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to permit a new accessory dwelling located in the accessory building. b.The size for the accessory building/accessory dwelling shall be 1,150 SF. c.The accessory dwelling shall be generally consistent with the, site plan and building elevations as depicted on the attached Exhibits “B” and “C”. Ordinance O-19-XXXX Page 3 of 9 d.The accessory dwelling shall not be rented as a short–term or long-term rental and shall only allow family members as permitted for accessory dwellings. e.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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of September 2019. The second reading and public hearing being conducted on the 17th day of September 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 17th day of September 2019. Ordinance O-19-XXXX Page 4 of 9 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 Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevations & Floor Plan 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 3d Agenda Date 8/12/2019 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit (SUP) for a Carport and to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC19-007 Explanation Alan Hilsabeck, the applicant, has submitted a request for a Special Use Permit (SUP) for a residential carport and to exceed the 4% lot coverage for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, being approximately 0.5738 acres, and zoned R-20 Single Family Residential district. Existing Conditions/Background: The subject property, 7205 Jo Will Street, has R- 20 zoning and is located on the east side of Jo Will Street north of the intersection of John McCain Road and Jo Will Street. The subject property has a single family residence with an accessory building. SUP Request: Request – The applicant is requesting approval of an SUP to allow for a detached residential carport. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and design for a residential carport to be permitted by staff on a residential lot: “2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed four percent (4%) of the aggregate area of the lot. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from the requirement for the maximum number of accessory buildings. The applicant proposes to utilize a 1,150 SF accessory building as an accessory dwelling for a family member and adding a 462 SF carport. The total lot area is 24,995 SF and 4 percent of the total lot area is 1,000 SF. Therefore, this SUP request also includes considering a 2.4% increase above the 4% lot area for a total of 6.4%, which Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 2 is allowed by the Land Development Code, Section 3.27.A.6: Special Use Permit Provision: Any request for a building permit for an accessory building 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. The regulations for residential carports are as follows: C. Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2. Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 3 line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be clad or finished of brick, stone, cedar or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than eight inches (8”) or more than forty-eight inches (48”). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Cedar posts shall be wrapped using masonry stone or brick from the base to at least 50% of the post height. The exposed portion of the cedar post shall be a minimum of 8 inches. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Analysis: Any request for a building permit for a residential carport shall only be authorized after approval of a Special Use Permit by the City Council per the Schedule of Permitted Principal Uses for the R-20 zoning district. The proposed carport complies with the size and design requirements per the Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 4 regulations of Section 3.27.C Residential Carport Regulations. However, the location of the carport places it within the side yard. When located within the side yard, the carport must then be completely within the rear yard. Per the SUP request, this may be considered for modification. The carport aligns with the driveway and it is not forward of the house. Surrounding Development: The properties to the north, south, east, and west are zoned R-20 zoning and contain single-family residential development. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: Based on the following findings, staff recommends denial of the requested SUP for both the residential carport and to exceed the square footage allowed by right: The proposed carport pushes the 4% allowable accessory buildings to 6.4%. The location of the carport being in the side yard and not completely within the rear yard as required. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Floor Plan 7.Building Elevations 8.Notification Map 9.Notification List 10.Property Owner Notification Letter 11.Draft Ordinance 7300 7208 7205 7204 7209 7204 7201 7200 7208 JO WILL STREETAerial 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. KZC19-007 7205 Jo Will Street Subject Property 7300 7208 7301 71097108 7117 7109 7113 7300 7200 7305 7205 7301 7204 7205 7409 7212 1008 7113 7304 7204 7208 7209 7204 72017200 7309 7201 7112 7109 7308 7305 7105 7213 7304 7205 7209 7208 7201 71127113 7101WALDON COURTCEDARCOURTJO WILL STREETPUD-R AG R-20 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. KZC19-007 7205 Jo Will Street Subject Property 7300 7208 7301 71097108 7117 7109 7113 7200 7300 7200 7305 7205 7301 7204 7205 7409 7212 1008 7113 7304 7204 7208 7209 7204 72017200 7309 7201 7112 7109 7308 7305 7105 7213 7304 7205 7209 7208 7201 71127113 7101WALDON COURTCEDARCOURTJO WILL STREETFuture 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. KZC19-007 7205 Jo Will Street Subject Property Residential MATERIALPRODUCTSTRADENAMEMODELNUMBERMATERIALPRODUCTSTRADENAMEMODELNUMBERMATERIALPRODUCTSTRADENAMEMODELNUMBER MATERIALPRODUCTMODELNUMBERTRADENAME MATERIALPRODUCTTRADENAMEMODELNUMBER 7110 7300 7208 7301 800 7109 813 7108 7117 7109 1110 7113 7100 7114 7401 7408 901 7200 7300 7200 7305 7205 7301 7317 7112 7204 7205 7020 7400 1104 7409 7212 7404 1008 7210 7113 7304 7312 801 7312 7204 7208 7209 7204 72017200 1208 7309 7201 7112 7109 7117 7405 1212 7308 7305 7313 7113 7308 7105 7327 7213 7309 7323 7308 7304 7205 7018 7315 7209 7331 7208 7201 71127113 7312 7412 7101 JOHN MCCAIN ROADWALDONCOURT H OL L Y LA NE WALDONCOURTJOWILLSTREETCEDAR COURTNotification 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. KZC19-007 7205 Jo Will Street Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address ROFAEIL, NAGY A M 929 CRESTVIEW DR BEDFORD, TX 76021 7110 WALDON CT COFFMAN, BLAINE 7300 CEDAR CT COLLEYVILLE, TX 76034 7300 CEDAR CT BURNS, ROBBIE S 7208 JO WILL ST COLLEYVILLE, TX 76034 7208 JO WILL ST STONES, BLAKE R 7301 CEDAR CT COLLEYVILLE, TX 76034 7301 CEDAR CT STEVENSON, BARBARA J 7109 CEDAR CT COLLEYVILLE, TX 76034 7109 CEDAR CT HUFF, LINDA D BROCK 7108 JO WILL ST COLLEYVILLE, TX 76034 7108 JO WILL ST SALCIDO, PETER 7117 WALDON CT COLLEYVILLE, TX 76034 7117 WALDON CT WALKER, TERRY T 7109 JO WILL ST COLLEYVILLE, TX 76034 7109 JO WILL ST SARTAIN, MICHAEL K 1124 GLADE RD COLLEYVILLE, TX 76034 7113 CEDAR CT CAFFEY, MARK 7114 WALDON CT COLLEYVILLE, TX 76034 7114 WALDON CT STANDRIDGE, GEORGE 7200 WALDEN CT COLLEYVILLE, TX 76034 7200 WALDON CT HERSHON, DESIREE ANN 7300 JO WILL ST COLLEYVILLE, TX 76034 7300 JO WILL ST LOVE FAMILY TRUST 7200 CEDAR ST COLLEYVILLE, TX 76034 7200 CEDAR CT BALL, DONNA 7305 CEDAR RD COLLEYVILLE, TX 76034 7305 CEDAR CT JOHNSON, FELICIA 7205 JO WILL ST COLLEYVILLE, TX 76034 7205 JO WILL ST VALDEZ, ERNESTO 7301 JO WILL ST COLLEYVILLE, TX 76034 7301 JO WILL ST GUIRGUIS, WAGUIH 7204 WALDON CT COLLEYVILLE, TX 76034 7204 WALDON CT CAMPBELL, RICKY J 7205 CEDAR CT COLLEYVILLE, TX 76034 7205 CEDAR CT GENCO, FRANK R 1104 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1104 JOHN MCCAIN RD TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7409 PLEASANT RUN RD HAZEN, RICHARD W 7212 WALDON CT COLLEYVILLE, TX 76034 7212 WALDON CT MCMAHAN, BRANDON 1008 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1008 JOHN MCCAIN RD WILLIAMSBURG EST HOA INC 7117 WALDON CT COLLEYVILLE, TX 76034 7210 WALDON CT BAUER, TRENT A 7113 WALDON CT COLLEYVILLE, TX 76034 7113 WALDON CT QUINN, DIANA 7304 CEDAR CT COLLEYVILLE, TX 76034 7304 CEDAR CT ISBELL, J G 7204 JO WILL ST COLLEYVILLE, TX 76034 7204 JO WILL ST POLIT, PETER 7208 WALDON CT COLLEYVILLE, TX 76034 7208 WALDON CT LIVELY, PETRA 7209 JO WILL ST COLLEYVILLE, TX 76034 7209 JO WILL ST GROSS, PAMELA L 7204 CEDAR CT COLLEYVILLE, TX 76034 7204 CEDAR CT DIVINO, VINCENT 7201 JO WILL ST COLLEYVILLE, TX 76034 7201 JO WILL ST SOLIS, VANCE 7200 JO WILL ST COLLEYVILLE, TX 76034 7200 JO WILL ST NEWTON, RICHARD W 1208 HOLLY LN COLLEYVILLE, TX 76034 1208 HOLLY LN N ACOVENO, JOE F 7309 CEDAR CT COLLEYVILLE, TX 76034 7309 CEDAR CT HAWKINS, STEVEN L 7201 WALDON CT COLLEYVILLE, TX 76034 7201 WALDON CT MAPLES, BARBARA M 5312 COLORADO BLVD NORTH RICHLAND HILLS, TX 76180 7112 JO WILL ST LEE, CLARENCE K 7109 WALDON CT COLLEYVILLE, TX 76034 7109 WALDON CT STONES, BLAKE R 7308 CEDAR CT COLLEYVILLE, TX 76034 7308 CEDAR CT DAVIDSON, SHANNON 7305 JO WILL ST COLLEYVILLE, TX 76034 7305 JO WILL ST COPPOLA, MARCO 7105 WALDON CT COLLEYVILLE, TX 76034 7105 WALDON CT SADLER, MITZI 7213 WALDEN CT COLLEYVILLE, TX 76034 7213 WALDON CT GATES, TERRY 7309 JO WILL ST COLLEYVILLE, TX 76034 7309 JO WILL ST LARSON, THOMAS R 7308 JO WILL ST COLLEYVILLE, TX 76034 7308 JO WILL ST HUBBARD, VICKI GREEN 7304 JO WILL ST COLLEYVILLE, TX 76034 7304 JO WILL ST LYON, REGINALD O 2520 K AVE STE 700 #287 PLANO, TX 75074 7205 WALDON CT TROUNG, RICHARD 7209 WALDON CT COLLEYVILLE, TX 76034 7209 WALDON CT MULLINS, RICHARD V 7208 CEDAR CT COLLEYVILLE, TX 76034 7208 CEDAR CT LATZER, ANN MARIE 7201 CEDAR CT COLLEYVILLE, TX 76034 7201 CEDAR CT GRASSI, JAIME WISEMAN 7112 CEDAR CT COLLEYVILLE, TX 76034 7112 CEDAR CT DIVINO, VINCENT 7201 JO WILL ST COLLEYVILLE, TX 76034 7113 JO WILL ST DILLARD, DANA 7101 WALDON CT COLLEYVILLE, TX 76034 7101 WALDON CT CASTLETON MANOR 1560 E. Southlake Blvd.SOUTHLAKE, TX 76092 COURTESY NOTICE SHALIMAR ADDITION 6916 Shalimar Court COLLEYVILLE, TX 76034 COURTESY NOTICE WARWICK PARC 4113 Gateway Drive Suite 100 COLLEYVILLE, TX 76034 COURTESY NOTICE WILLIAMSBURG ESTATES ADDITION 7113 Waldon Court COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED HILSABECK, ALAN 4317 THAMES COURT FLOWER MOUND, TX 75028 APPLICANT Public notices were mailed on July 26, 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, August 12, 2019 at 7:00 p.m. City Council Meetings: Tuesday, September 3, 2019 & Tuesday, September 17, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit (SUP) for a Carport and to exceed the maximum square footage allowed for accessory buildings. The request is to allow for the construction of a 462 sq. ft. carport. Zoning Case: ZC19-007 Applicant: Alan Hilsabeck Owner: Gregory Johnson Location: 7205 Jo Will Street Property Description: Lot 1, Block A, of the Divino Acres Addition Present Zoning: R-20 Single Family Residential 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. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING 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. 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 ORDINANCE O-19-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.5738 ACRES, BEING LOT 1, BLOCK A OF THE DIVINO ADDITION, LOCATED AT 7205 JO WILL STREET, BY AUTHORIZING A SPECIAL USE PERMIT FOR A RESIDENTIAL CARPORT AND TO EXCEED THE 4% LOT COVERAGE FOR ACCESSORY BUILDINGS; 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 an accessory dwelling and a carport under Case No. ZC19-007; 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 Ordinance O-19-XXXX Page 2 of 9 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 authorizing a Special Use Permit for a residential carport and to exceed the 4% lot coverage for accessory buildings, on 0.5738 acres, being Lot 1, Block A, of the Divino Addition, located at 7205 Jo Will Street, as depicted on the attached as Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall permit the construction of a new carport. b.The size of the carport shall be 462 SF for a total lot coverage for accessory buildings of 6.4%. c.The accessory dwelling shall be generally consistent with the, site plan and building elevations as depicted on the attached Exhibits “B” and “C”. d.All requirements of the Land Development Code shall be met, Ordinance O-19-XXXX Page 3 of 9 except where amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of September 2019. The second reading and public hearing being conducted on the 17th day of September 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 17th day of September 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 4 of 9 ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevations & Floor Plan