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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-09/09/2019City 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, September 9, 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 ELMS PLEDGE OF ALLEGIANCE 1.CITIZEN COMMENTS 2. APPROVAL OF MINUTES Planning and Zoning Commission Agenda September 9, 2019 City of Colleyville Page 2 July 9, 2018 Planning & Zoning Commission Minutes July 23, 2018 Planning & Zoning Commission Worksession Minutes July 23, 2018 Planning & Zoning Commission Minutes August 27, 2018 Planning & Zoning Commission Worksession Minutes 3.PUBLIC HEARING AGENDA ITEMS 3a Consideration of a Special Use Permit for Alcoholic Beverage Sales – OnPremises Consumption on Lot 13 & 14, Block 2, of the Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC19010 3b Consideration of a Special Use Permit for Alcoholic Beverage Sales – OnPremises Consumption on Lot 1, Block 1, of the Towne Square Addition, located at 5604 Colleyville Boulevard, Suite A & B, Case ZC19011 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards September 6, 2019 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 9/9/2019 Type Approval of Minutes Department Community Development Title July 9, 2018 Planning & Zoning Commission Minutes July 23, 2018 Planning & Zoning Commission Worksession Minutes July 23, 2018 Planning & Zoning Commission Minutes August 27, 2018 Planning & Zoning Commission Worksession Minutes Attachments 1.July 9, 2018 Planning & Zoning Commission Minutes 2.July 23, 2018 Planning & Zoning Commission Worksession Minutes 3.July 23, 2018 Plannning & Zoning Commission Minutes 4.August 27, 2018 Planning & 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, July 9, 2018 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chair Mathisen on July 9, 2018, at 7:03 p.m. Roll Call Present: Susan Mathisen, Raymond Allee, Sam van Bever, Matt Koch, and Jason Elms Absent: Veronica Baughman and Claudia Bevill Staff Present: Ben Bryner, Jacquelyn Reyff, Taylor Schauwecker, Rob McKeown, Araceli Botello, and City Attorney Whitt Wyatt 1. SWEARING IN OF NEWLY APPOINTED MEMBERS Matt Koch – Place 5 Planning Technician Araceli Botello administered the Oath of Office to Matt Koch. 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 Replat for Lot 21R, Block 2, of the Jewell Estates Addition, located at 1104 Tinker Road, Case PC18-006 Ben Bryner presented the case and briefed the Commission. Planning and Zoning Commission Minutes July 9, 2018 CITY OF COLLEYVILLE PAGE 2 The applicant, Neal Ostman, 1104 Tinker Road, came forward and briefed the Commission. Mr. Ostman addressed questions by the Commission regarding the ownership of the property, the ordinance associated with property, and the reason for his request at time. 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 van Bever made a motion to approve Case PC18-006. Commissioner Elms seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, van Bever, Koch, and Elms Nay: 0 3b Consideration of a zoning change from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district on Tract 6B03 & 6B3A, Abstract 328, in the Simon Cotrail Survey, located at 1713 Glade Road, Case ZC18-018 Ben Bryner presented the case and briefed the Commission. The applicant, Warren Packer, 1680 Prince William Lane, Frisco, came forward and briefed the Commission. Mr. Packer addressed questions by the Commission regarding the age of the home. The public hearing was opened at 7:23 p.m. Brad Forslund, 4709 Behrens Court, came forward and spoke in opposition to the case. Mr. Forslund addressed concerns regarding preserving the zoning in the neighborhood and value. The public hearing was closed at 7:24 p.m. There was general discussion among the Commission regarding the preference brought forth by the citizens and the applicant regarding the R-40 zoning. Commissioner Elms made a motion to deny Case ZC18-018. Commissioner Koch seconded the motion. The motion to deny was carried by the following vote: Planning and Zoning Commission Minutes July 9, 2018 CITY OF COLLEYVILLE PAGE 3 Aye: 5 – Mathisen, Allee, van Bever, Koch, and Elms Nay: 0 3c Consideration of a Minor Plat for Tract 6B03 & 6B3A, Abstract 328, in the Simon Cotrail Survey, located at 1713 Glade Road, Case PC18-007 Ben Bryner presented the case and briefed the Commission. Director Bryner stated this is the companion piece for the previous case. The public hearing was opened at 7:27 p.m. With no citizens wishing to speak, the public hearing was closed at 7:28 p.m. Commissioner Allee made a motion to approve Case PC18-007 with the plat waivers for lot size and width. Commissioner Elms seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, van Bever, Koch, and Elms Nay: 0 3d Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development - Residential zoning district on Lot 1R1 & 1R2, Block 1, of the Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case ZC18-019 Ben Bryner presented the case and briefed the Commission. The owner, Burk Collins, 1312 John McCain Road, came forward and briefed the Commission. Mr. Collins addressed questions by the Commission regarding the standing offers for the property. The architecture and planning designer, Curtis Young, 8003 Jefferson Circle, came forward and briefed the Commission. Mr. Young addressed questions by the Commission regarding fencing. The civil engineer, Rich Deotte, 112 Keystone, Southlake, came forward and briefed the Commission. Mr. Deotte addressed questions by the Commission regarding drainage, flood study, retention & detention pond, and flood plain. Planning and Zoning Commission Minutes July 9, 2018 CITY OF COLLEYVILLE PAGE 4 The real estate consultant, Randy White, 806 Kleberg Court, Southlake, came forward and briefed the Commission. Mr. White and Mr. Young addressed questions by the Commission regarding the value of the home, size of the home, and screening of potential builders. The architect, Chris Huff, 415 Beverly Drive, Keller, came forward and briefed the Commission. Mr. Huff addressed questions by the Commission regarding HOA covenants for the home designs. The architecture and planning designer, Curtis Young, 8003 Jefferson Circle, came forward and addressed questions by the Commission regarding traffic, covenants for the property, quality of the homes, lot size and communication with surrounding property owners. The public hearing was opened at 8:43 p.m. Ed Palluth, 1212 Holly Lane, came forward and spoke in opposition to the case. Mr. Palluth addressed concerns regarding high density, number of lots and property value. John Perone, 1216 Holly Lane, came forward and spoke in opposition to the case. Mr. Perone addressed concerns regarding lot sizes, neighbors opposed to the development, and zoning. Charles Pearce, 7212 Holly Lane, came forward and spoke in opposition to the case. Mr. Pearce addressed concerns regarding lot sizes, drainage, and traffic. Jeff Pistor, 7200 Holly Lane, came forward and spoke in opposition to the case. Mr. Pistor addressed concerns regarding drainage, landscaping along Holly Lane, and lot sizes. Bryan Fleming, 7312 Hix Court, came forward and spoke in opposition to the case. Mr. Fleming addressed concerns regarding drainage, construction traffic on Holly Lane, and appearance of boundary walls. Elise Pistor, 7200 Holly Lane, came forward and spoke in opposition to the case. Mrs. Pistor addressed concerns regarding communication with Mr. Collins. The owner, Burk Collins, 1312 John McCain Road, came forward and addressed concerns brought forth by citizens. Mr. Collins discussed attempts to arrange a meeting with Homeowner’s Association surrounding the west side of his property and open to meeting with surrounding property owners. The public hearing was closed at 9:04 p.m. Planning and Zoning Commission Minutes July 9, 2018 CITY OF COLLEYVILLE PAGE 5 The following did not wish to speak, but would like to record their opposition: Richard Davidson, 7304 Hix Court The civil engineer, Rich Deotte, 112 Keystone, Southlake, came forward and addressed questions by the Commission regarding photo exhibits provided by the surrounding property owners, meeting for Holly Lane owners, flood plain, drainage, and ponds. Mr. Deotte added that he was extremely confident the development would not exacerbate the flooding situation and being open to meet with surrounding property owners to address drainage concerns. The owner, Burk Collins, 1312 John McCain Road, came forward and addressed concerns brought forth by citizens regarding pond, communication, and the request by the properties to the west on Holly Lane. The architecture and planning designer, Curtis Young, 8003 Jefferson Circle, came forward and addressed questions by the Commission regarding construction traffic on Holly Lane, security, and development plan. There was general discussion amongst the Commission regarding concerns brought forth by the citizens, the proposed development by the applicant, lot sizes and zoning in the surrounding neighborhood. The architecture and planning designer, Curtis Young, 8003 Jefferson Circle, came forward and addressed the Commissions concerns regarding lot size and zoning in the surrounding neighborhood. Discussion continued regarding lot size, zoning, and drainage. Commissioner Elms made a motion to approve Case ZC18-019 with the following conditions: 1) No construction access from Holly Lane; 2) require that the existing fencing northwest of property be replaced; 3) require a maximum lot coverage of 25 percent; 4) require a minimum house size square footage of 4,000 square feet per lot; 5) require that the streets have a minimum street pavement width of 24 feet and require a fire suppression system for all homes within the subdivision; and 6) require construction methods to ensure the proposed ponds hold water. Commissioner van Bever seconded the motion. The motion to approve was carried by the following vote: Aye: 5 – Mathisen, Allee, van Bever, Koch, and Elms Nay: 0 Planning and Zoning Commission Minutes July 9, 2018 CITY OF COLLEYVILLE PAGE 6 3e 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 JUNE 11, 2018 MEETING Commissioner Elms made a motion to remove Case PC17-004 from the table. Commissioner Allee seconded the motion. The motion to approve carried by the following vote: Aye: 5 – Mathisen, Allee, van Bever, Koch, and Elms Nay: 0 Ben Bryner presented the case and briefed the Commission. The applicant, Kevin Kessler with Jacobs Engineering, 1999 Bryan Street, Dallas, came forward and briefed the Commission. Mr. Kessler addressed questions by the Commission regarding width of the drainage easement, construction within the easement, and maintenance of the easement. The owner, Greg Powell with Toll Brothers, 2555 Southwest Grapevine Parkway, Grapevine, came forward and briefed the Commission. Mr. Powell addressed questions by the Commission regarding the detention pond and type of slope. The public hearing was opened at 10:01 p.m. Jennifer Johnson, 203 Colden Court, came forward and spoke in opposition to the case. Ms. Johnson addressed concerns regarding health, property risks, flooding, impact to landscaping and trees along the easements, the lack of communication between surrounding homeowners and Toll Brothers, and the lack of a recovery plan. Susan Rau, 7105 Cast Iron Forest Trail, came forward and spoke in opposition to the case. Ms. Rau addressed concerns regarding the dry detention pond, impacted trees, and health risks. Richard Freitag, 7105 Cast Iron Forest Trail, came forward and spoke in opposition to the case. Mr. Freitag addressed concerns regarding detention ponds, health risks, and communication with the Toll Brothers. Elizabeth Battles, 101 John McCain Road, came forward and spoke in opposition to the case. Ms. Battles stated she supports the concerns expressed by Jennifer Johnson, Susan Rau, and Richard Freitag. Planning and Zoning Commission Minutes July 9, 2018 CITY OF COLLEYVILLE PAGE 7 The owner, Greg Powell, 2555 Southwest Grapevine Parkway, Grapevine, addressed concerns brought forth by the citizens regarding comments made to the Johnsons, plans to restore property impacted or damaged as a result from work performed during development, drainage, and landscaping along the easements. Mark Johnson, 203 Colden Court, questioned the Commission regarding using the easement to the north of the property as opposed to the easement in the south to run drainage as proposed by the applicant. The applicant, Kevin Kessler, applicant, came forward to addressed the question from Mr. Johnson and responded that the drainage was designed to run through the easement located south of the property and that there are no inlets to the north of the property along John McCain Road. The public hearing closed at 10:22 p.m. There was discussion amongst the Commission and staff regarding tree coverage and preservation. The applicant, Kevin Kessler, offered a rebuttal before the Commission and addressed concerns regarding tree preservation and detention ponds. Susan Rau, 7105 Cast Iron Forest Trail, spoke regarding a solution she, her husband, and her neighbors would be satisfied with. Greg Powell, Senior Project Manager, commented the lots will be annexed into the Old Grove Homeowner’s Association, which has maintenance standards for the way yards have to be kept. Kevin Kessler answered a question of the Commission. Manny Rios with Toll Brothers, 2557 Southwest Grapevine Parkway, Grapevine, commented on his meeting with the neighbors of the lots to try to find common ground and his attempts to meet with the Battles. Tom Stoudge, Toll Brothers Lawyer, 1615 Lexington Avenue, Allen, commented all options have been explored and what is proposed is the best option and meets all requirements. There was discussion amongst the Commission regarding possible solutions. Commissioner Elms made a motion to approve Case PC17-004. Commissioner van Bever seconded the motion. Planning and Zoning Commission Minutes July 9, 2018 CITY OF COLLEYVILLE PAGE 8 The motion to approve carried by the following vote: Aye: 5 – Mathisen, Allee, van Bever, Koch, and Elms Nay: 0 3f Consideration of amendments to the Land Development Code, specifically Chapter 6 – Commercial Design Standards Commissioner Elms made a motion to table items 3f and 3g to the July 23, 2018 meeting. Commissioner van Bever seconded the motion. The motion to approve carried by the following vote: Aye: 5 – Mathisen, Allee, van Bever, Koch, and Elms Nay: 0 4. ADJOURNMENT The meeting adjourned at 10:55 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 Worksession Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, July 23, 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 July 23, 2018, at 6:17 p.m. Roll Call Present: Raymond Allee, Susan Mathisen, Claudia Bevill, and Matt Koch Absent: Veronica Baughman, Sam Van Bever, and Jason Elms Staff Present: Ben Bryner, Jacquelyn Reyff, Chief Brian Riley, Robert McKeown, Araceli Botello, and City Attorney Whitt Wyatt 2. PRESENTATION AND DISCUSSION 2a Presentation and discussion of a Special Use Permit for an Automotive Repair Shop on Lot 1A, Block1, of the Highway 26 Industrial, located at 6804 Colleyville Boulevard, Case ZC18-020 Ben Bryner presented the case and briefed the Commission. There was general discussion regarding any future Land Development Code amendments affecting the Special Use Permit, signage, and the building’s façade. 2b Presentation and discussion of a zoning change from AG to R-30 on Tract 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case ZC18-023 Ben Bryner presented the case and briefed the Commission. There was general discussion regarding the number of houses, right-away and cul-de-sac requirements, fire sprinklers, proposed builders, and access easements. Planning and Zoning Commission Worksession Minutes July 23, 2018 City of Colleyville Page 2 2c Presentation and discussion of a combination Preliminary/Final Plat of Tract 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case PC18-012 Ben Bryner presented the case and briefed the Commission. There was general discussion regarding the date when the case was first presented to City Council. 3. ADJOURNMENT The meeting adjourned at 6:49 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, July 23, 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 July 23, 2018, at 6:58 p.m. Roll Call Present: Susan Mathisen, Raymond Allee, Matt Koch, and Claudia Bevill Absent: Sam van Bever, Veronica Baughman, and Jason Elms Staff Present: Ben Bryner, Jacquelyn Reyff, Chief Brian Riley, Taylor Schauwecker, Rob McKeown, Araceli Botello, and City Attorney Whitt Wyatt 1. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 2. PUBLIC HEARING AGENDA ITEMS 2a Consideration of amendments to the Land Development Code, specifically Chapter 6 – Commercial Design Standards, TABLED FROM THE JULY 9, 2018 PLANNING AND ZONING COMMISSION MEETING Commissioner Allee made a motion to remove item 2a from the table. Commissioner Bevill seconded. The motion to remove item 2a from the table carried with the following vote: Aye: 4 – Mathisen, Allee, Koch, and Bevill Nay: 0 Ben Bryner presented the item and briefed the Commission. Planning and Zoning Commission Minutes July 23, 2018 CITY OF COLLEYVILLE PAGE 2 The public hearing was opened at 7:30 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support of the item and expressed her appreciation for the amendments regarding aesthetically pleasing buildings and landscaping. The public hearing was closed at 7:32 p.m. Commissioner Bevill made a motion to approve item 2a. Commissioner Allee seconded. The motion to approve carried with the following vote: Aye: 4 – Mathisen, Allee, Koch, and Bevill Nay: 0 2b Consideration of amendments to the Land Development Code, specifically Chapter 3 – Land Use, Chapter 8 – Plat Review Procedures, and Chapter 9 – Subdivision Design & Public Facilities, TABLED FROM THE JULY 9, 2018 PLANNING AND ZONING COMMISSION MEETING Commissioner Allee made a motion to remove item 2b from the table. Commissioner Bevill seconded. The motion to remove item 2b from the table carried with the following vote: Aye: 4 – Mathisen, Allee, Koch, and Bevill Nay: 0 Ben Bryner presented the proposed amendments to Chapter 8 and briefed the Commission. The public hearing was opened at 7:54 p.m. With no citizens wishing to speak, the public hearing was closed at 7:54 p.m. Commissioner Allee made a motion to approve the amendments to the Land Development Code, specifically Chapter 8. Commissioner Bevill seconded The motion to approve carried by the following vote: Aye: 4 – Mathisen, Allee, Koch, and Bevill Nay: 0 Planning and Zoning Commission Minutes July 23, 2018 CITY OF COLLEYVILLE PAGE 3 Ben Bryner presented the proposed amendments to Chapter 9 and briefed the Commission. The public hearing was opened at 8:14 p.m. With no citizens wishing to speak, the public hearing was closed at 8:14 p.m. Commissioner Bevill made a motion to approve the amendments to the Land Development Code, specifically Chapter 9, as presented. Commissioner Koch seconded. The motion to approve carried by the following vote: Aye: 4 – Mathisen, Allee, Koch, and Bevill Nay: 0 Ben Bryner presented the proposed amendments to Chapter 3 and briefed the Commission. The public hearing was opened at 9:16 p.m. With no citizens wishing to speak, the public hearing was closed at 9:16 p.m. Commissioner Bevill made a motion to table the amendments to the Land Development Code, specifically Chapter 3, to the August 13, 2018 Planning and Zoning Commission meeting. Commissioner Koch seconded. The motion to table carried by the following vote: Aye: 4 – Mathisen, Allee, Koch, and Bevill Nay: 0 3. ADJOURNMENT The meeting adjourned at 10:55 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 Worksession Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, August 27, 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 August 27, 2018, at 7:01 p.m. Roll Call Present: Susan Mathisen, Claudia Bevill, Jason Elms and Matt Koch Absent: Raymond Allee Staff Present: Ben Bryner, Jacquelyn Reyff, Chief Brian Riley, Robert McKeown, Araceli Botello, and City Attorney Whitt Wyatt 2. PRESENTATION AND DISCUSSION 2a Presentation and discussion of a zoning change from ML Light Manufacturing district to PUD-C Planned Unit Development- Commercial district on Lot 1, Block 1, of the Chandler Addition, located at 1701 John McCain Road, Case ZC18-025 Jacquelyn Reyff and Ben Bryner presented the case and briefed the Commission. There was general discussion regarding Medical and Office Uses, traffic studies, appropriate zoning for the type of proposed uses, zoning restrictions, and uses that don’t cause disturbance to surrounding property owners. 2b Presentation and discussion of a Special Use Permit for an Accessory Building to encroach into the required rear yard setback on Lot 13R, Block C, of the Heron Pond Addition, located at 5605 Heron Drive East, Case ZC18-026 Jacquelyn Reyff and Ben Bryner presented the case and briefed the Commission. Planning and Zoning Commission Worksession Minutes August 27, 2018 City of Colleyville Page 2 There was general discussion regarding the encroachment into the required rear yard setback, the intent of the required ordinance, the effect of the Commissions’ approval or denial of the case, and required materials. 2c Presentation and discussion of a zoning change from R-20 Single Family Residential district to PUD-R Planned Unit Development – Residential district on a portion of Lot 1, Block 1, of the Allzim Acres Addition, and a portion of Tracts 2A7B, 2ABC, & 2A9A, Abstract 533, in the Mary M. Freeman Survey, located at 7209 & 7215 John McCain Road, Case ZC18-029 Jacquelyn Reyff and Ben Bryner presented the case and briefed the Commission. There was general discussion regarding the location of the buffer, language and restrictions for building within the buffer, tree preservation, history of the property’s zoning, open space, density, and zoning of surrounding properties. There was general discussion of the upcoming meeting’s date, number of cases to present, and update on amendments to Land Development Code to be presented in the future, and adoption of state legislature changes. 3. ADJOURNMENT The meeting adjourned at 7:45 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 9/9/2019 Number Type Presentation and Discussion Department Community Development Title Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 13 & 14, Block 2, of the Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC19-010 Explanation Paul and Lisa Pardo, of Stone House Restaurant and Wine Bar, have submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 5201 Colleyville Boulevard. Alcoholic beverage sales for on-premise consumption are allowed in the CC-1 Village Retail district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-1 Village Retail district and generally located on the east side of Colleyville Boulevard, north of Thompson Terrace. The subject property is a platted lot and currently developed with a house dating to 1945 and an accessory building, which was previously used as a salon. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow alcoholic beverage sales for on-premises consumption in conjunction with a new restaurant. The applicant is requesting to sell and serve alcohol as part of the Stone House Restaurant and Wine Bar menu. The applicant proposes the following hours of operation as a component of the SUP request: Monday & Tuesday: 4:00 p.m. – 9:00 p.m. Wednesday – Saturday: 4:00 p.m. – 10:00 p.m. Closed on Sundays Ordinance – There are four components of procedure that a business must complete to sell and serve alcohol for on-premises consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption) (2) submission of draft Texas Alcoholic Beverage Commission (TABC) License paperwork to the City Secretary’s Office for review and approval, (3) submission of completed TABC License paperwork to the TABC, (4) the issuance of an Alcoholic Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Beverage License through the City Secretary’s Office. Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” Language is typically added for SUPs to automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol sales must be incidental and secondary to the sale of food for human consumption (further clarified in the Code as non-alcohol and food sales must comprise at least 40 percent of gross receipts). Analysis: The applicant proposes to operate the business in a similar manner to other restaurants along Colleyville Boulevard. The requested location is in compliance with the distance requirements of the Code of Ordinances, and the applicant is proposing to comply with the 40/60 incidental sales requirements as stated above. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Surrounding Development: The properties to the north, south and west are zoned CC-1-Village Retail district and developed with commercial buildings. The properties to the east are zoned R-20 Single Family Residential and developed with single-family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property as located within the Central Sector of the Colleyville Boulevard Corridor. This area has been identified as having the greatest potential to become a true center of activity by tying together major commercial and entertainment centers along the Corridor. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 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. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP) to authorize the sale of alcoholic beverages for on-premises consumption for the Stone House Restaurant and Wine Bar at 5201 Colleyville Boulevard. The proposed business should not adversely impact surrounding uses. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Zoning Exhibit 6.Aerial and Building Elevation Exhibit 7.Site Plan 8.Floor Plan 9.Patio Floor Plan 10.Photo of the Patio 11.Notification Map 12.Property Owner Notifications 13.Notification List 14.Draft Ordinance 5209 5117 5201 5104 5204 5121 5108 5200 5112COLLEYVILLE BOULEVARDTHOMPSONTERAerial 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. ZC19-010 K5201 Colleyville Blvd Subject Property 23 37 32 5109 5113 34 5025 34 16 5013 17 23 5012 5108 14 33 5209 23 5150 5016 35 5101 41 30 5105 5000 5201 23 13 5303 5115 5117 5100 5100 5201 34 23 26 23 38 20 26 5109 18 5021 26 26 5104 5017 1105 5226 1105 5113 5013 23 5217 5204 1105 1104 5121 23 1100 5101 13 35 34 34 12 5301 5113 5104 5108 1100 33 5200 1104 26 5025 1105 1104 1100 1104 5232 35 33 33 33 33 5112 COLLEYVILLE BOULEVARDOAKTIMBERSCOURTMAINSTREET PLEASANT RUN ROADPROFESSIONAL COURT MISSION LANETHOMPSON TERCPO AG PU D-C AG PU D-R PU D-C CN R-20 PU D-C PU D-C CC-1 CC-1 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. ZC19-010 K5201 Colleyville Blvd Subject Property 23 5109 5113 5025 16 5013 17 23 5012 5301 14 5209 23 5150 5101 5105 5201 23 13 5303 5115 5117 5100 5100 5201 23 26 23 20 26 5109 18 5021 26 26 5104 5017 1105 1105 5113 23 5217 5204 1105 1104 5121 23 1100 5101 13 12 5301 5113 11085104 1109 1108 5108 1109 1100 1109 1108 5200 1104 5301 26 5025 1105 1104 1100 1104 5232 5112MAIN STREET COLLEYVILLE BOULEVARDOAKTIMBERSCOURTPLEASANT RUN ROADPROFESSIONAL COURT MISSION LANETHOMPSON TERFuture 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. ZC19-010 K5201 Colleyville Blvd Subject Property Sales Tax Preferred Intersection Residential Colleyville Blvd Corridor STONEHOUSE RESTAURANT & WINE BAR It is with great excitement that we present to the City of Colleyville our dream of bringing not only a new concept to the citizens of Colleyville but a destination for citizens from Fort Worth to Dallas and beyond. For years we have driven by the Stone House and have said, “That needs to be a Restaurant”. This past June the opportunity to take over the lease presented itself to us. After much prayer and due diligence we present the City of Colleyville our dream of the “Stone House Restaurant and Wine Bar. This house sits at the corner of the new intersection leading to City Hall at the corner of Colleyville Blvd. and Thompson Terrance. Stone House will be open for dinner only. The hours of business will be 4 -9 Monday and Tuesday and 4-10 Wednesday through Saturday. We will be closed on Sunday. We will be offering a full bar and the food will be on the contemporary eclectic side. This will be a beautiful one of a kind restaurant keeping the original house built in 1945 fully intact. Attached are the proposed plans for both the inside and outside dining area. We wanted to bring something to Colleyville that does not exist at this time. A place where you have the choice to dine in or outside, under large pecan and pine trees and look at the stars as you enjoy a great dinner, a glass of wine with appetizers and listen to live music. We will be keeping much of the charm of this house inside by keeping the original hard wood floors, fireplace in the front room and the low ceilings which all add to the ambiance of a great date night. There is a side building that will become the kitchen. This will be attached to the main house by a walkway and will be enclosed following State guidelines in food handling. Development Schedule We are dedicated to having our Grand Opening in December 2019. Most of the remodeling will be in the kitchen area. This timeline is supported by both the architect and contractor. Economic Development Information Land Sq. Feet 31,725 Land Acres 0.7283 Building A – Main Dining 2078 sq. feet Building B – Kitchen 952 sq. feet Patio 1,000 sq. feet SALES Projected Sales – year one $ 1,764,000.00 Projected Tax Revenue $ 145,000.00 PROPERTY VALUE Current Property Value $ 400,000.00 Improvements $ 750,000.00 Total Property Value $ 1,150,000.00 50 5109 5113 5025 16 5013 51 17 5300 111651 5012 5108 5301 14 5005 5209 1113 5150 1121 5016 55 1121 1112 35 5312 5004 5101 1117 41 30 5105 5000 5201 5010 5320 13 1117 5311 5303 5115 5117 5100 5100 5201 5309 5017 5307 38 1120 1116 20 1112 5109 5005 18 5021 53 26 5104 5017 1105 5226 1112 1105 5309 5313 1116 5113 1120 820 1100 5013 5310 5008 1121 5217 1117 5204 1105 1117 1104 1104 1116 1120 5121 1100 5101 13 35 1121 3450 5301 5113 11085104 1109 1105 1108 5108 1109 1108 1100 1109 5009 33 1108 5200 1109 1104 5301 1221 5025 5300 1105 1104 1100 1113 1113 11131112 11045232 35 33 5112 RIVER WA L K COURTCOLLEYVILLE BOULEVARDPLEASANTRUNROADVILLAGE LANE MA IN STREET PIAZZA LANE CENTRAL DRIVE VERA NDA LANE SAN GABRIEL AVENUEPROFESSIONALCOURT OAKTIMBERSCOURTSABINE COURT NUECES COURT GU A DA LU PE CO UR T THOMPSONTERNotification 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. ZC19-010 K5201 Colleyville Blvd Subject Property 500ft Buffer Properties within 500ft 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 (please note the new City Council Meeting dates): Planning and Zoning Commission Meeting: Monday, September 9, 2019 at 7:00 p.m. City Council Meetings: Tuesday, September 17, 2019 & Wednesday, October 2, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for Alcoholic Beverage Sales – On- Premises Consumption. The purpose is to allow for the sale of alcohol at the proposed business Stone House Restaurant & Wine Bar. Zoning Case: ZC19-010 Applicant: Paul and Lisa Pardo Owner: Sunder Holdings LLC Location: 5201 Colleyville Boulevard Property Description: Lots 13 and 14, Block 2, of the Thompson Terraces Subdivision Present Zoning: CC-1 Village Retail District This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. 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 Owner Name Owner Address Owner City Owner Zip Situs Address BAJRAM & RUZDI INVESTMENTS LLC 206 MILL WOOD DR COLLEYVILLE, TX 76034 5150 COLLEYVILLE BLVD BARNARD PARTNERS XIII LTD PO BOX 127 COLLEYVILLE, TX 76034 5301 COLLEYVILLE BLVD BARNARD PARTNERS XVIII LTD PO BOX 127 COLLEYVILLE, TX 76034 1104 PROFESSIONAL CT BEAM REAL ESTATE LLC 14455 WEBB CHAPEL RD FARMERS BRANCH, TX 75234 5200 COLLEYVILLE BLVD BENNETT, JANET 1104 NUECES CT COLLEYVILLE, TX 76034 1104 NUECES CT BREWER, SARA 5012 OAK TIMBERS CT COLLEYVILLE, TX 76034 5012 OAK TIMBERS CT BUCHWALD, RUDOLPH W 1309 ASHFORD CT COLLEYVILLE, TX 76034 5025 COLLEYVILLE BLVD BUCHWALD, RUDOLPH W 1309 ASHFORD CT COLLEYVILLE, TX 76034 5101 COLLEYVILLE BLVD CAREW, PAT 2106 STONEHAVEN DR COLLEYVILLE, TX 76034 5108 OAK TIMBERS CT COLLEYVILLE LOFTS VENTURE LLC 1430 BROADWAY 14TH FLR NEW YORK, NY 10018 5232 COLLEYVILLE BLVD # 1 COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 17 MAIN ST COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 5209 COLLEYVILLE BLVD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 23 MAIN ST COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 13 MAIN ST COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 12 MAIN ST CROWDER, FRANKIN 1100 GUADALUPE CT COLLEYVILLE, TX 76034 1100 GUADALUPE CT DDK REAL ESTATE INV LLC PO BOX 1131 COLLEYVILLE, TX 76034 5204 COLLEYVILLE BLVD DIBELLA, PETER PO BOX 932 COLLEYVILLE, TX 76034 5101 OAK TIMBERS CT DIEBER, JOSEPH M 1105 GUADALUPE CT COLLEYVILLE, TX 76034 1105 GUADALUPE CT FLETCHER, JAMES R 1108 NUECES CT COLLEYVILLE, TX 76034 1108 NUECES CT GIBSON, NORMAN C 113 TIMBERLINE DR S COLLEYVILLE, TX 76034 5115 COLLEYVILLE BLVD GIBSON, NORMAN C 113 TIMBERLINE DR S COLLEYVILLE, TX 76034 5117 COLLEYVILLE BLVD GIBSON, NORMAN C 113 TIMBERLINE DR S COLLEYVILLE, TX 76034 5104 THOMPSON TERR GULICK, CYLDE E 5100 OAK TIMBERS CT COLLEYVILLE, TX 76034 5100 OAK TIMBERS CT HESLAND LLC 26 MAIN ST COLLEYVILLE, TX 76034 26 MAIN ST HESLAND LLC 26 MAIN ST COLLEYVILLE, TX 76034 26 MAIN ST HESLAND LLC 26 MAIN ST COLLEYVILLE, TX 76034 26 MAIN ST HESLAND LLC 26 MAIN ST COLLEYVILLE, TX 76034 26 MAIN ST HESLAND LLC 26 MAIN ST COLLEYVILLE, TX 76034 26 MAIN ST ISBELL, STEVE E 5112 OAK TIMBERS CT COLLEYVILLE, TX 76034 5112 OAK TIMBERS CT JRSR PROPERTIES LLC 5121 THOMPSON TERR COLLEYVILLE, TX 76034 5121 THOMPSON TERR KIPTON ANDERSON INVESTMENTS LL 5303 COLLEYVILLE BLVD STE B COLLEYVILLE, TX 76034 5303 COLLEYVILLE BLVD LAPOSTA, MATTHEW 5105 STONEBRIDGE DR COLLEYVILLE, TX 76034 5113 OAK TIMBERS CT MEADOR, JOHN M 1105 NUECES CT COLLEYVILLE, TX 76034 1105 NUECES CT MODERN HOLDINGS LLC PO BOX 92083 SOUTHLAKE, TX 76092 5100 THOMPSON TERR MURCHISON, PAIGE 5105 OAK TIMBERS CT COLLEYVILLE, TX 76034 5105 OAK TIMBERS CT NOVAK, RICHARD 5109 OAK TIMBERS CT COLLEYVILLE, TX 76034 5109 OAK TIMBERS CT RONIN, YURY 1104 GUADALUPE CT COLLEYVILLE, TX 76034 1104 GUADALUPE CT SAEED, MOHAMMAD 1100 NUECES CT COLLEYVILLE, TX 76034 1100 NUECES CT SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN 37215 5109 THOMPSON TERR SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN 37215 5113 THOMPSON TERR SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN 37215 5113 THOMPSON TERR SOUMPHONPHAKDY, ANOULONE 5025 THOMPSON TERR COLLEYVILLE, TX 76034 5025 THOMPSON TERR SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX 76034 5201 PLEASANT RUN RD SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX 76034 5217 PLEASANT RUN RD SUNDER HOLDINGS LLC 11464 HARRY HINES BLVD DALLAS, TX 75229 5201 COLLEYVILLE BLVD SWIGART, CAROL 5104 OAK TIMBERS CT COLLEYVILLE, TX 76034 5104 OAK TIMBERS CT TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX 76034 23 MISSION LN TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX 76034 23 MISSION LN TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX 76034 23 MISSION LN TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX 76034 23 MISSION LN VILLAGE MONTICELLO PRTNS LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 14 MAIN ST VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 16 MAIN ST VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 23 MAIN ST VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 13 MAIN ST VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 20 MAIN ST VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 18 MAIN ST VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 23 MAIN ST RIVERWALK AT COLLEYVILLE P.O. BOX 1031 COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED PARDO, PAUL AND LISA 904 SADDLEBROOK DRIVE COLLEYVILLE, TX 76034 APPLICANT ORDINANCE O-19-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING ON LOTS 13 AND 14, BLOCK 2 OF THE THOMPSON TERRACES ADDITION, LOCATED AT 5201 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; 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 on-premise consumption of alcohol under Case No. ZC19-010; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lots 13 and 14, Block 2, of the Thompson Terraces Addition, located at 5201 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit “A” Exhibit “B” and Exhibit “C”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b.The name of the business authorized for on-premise consumption alcohol sales by this Special Use Permit shall be called “Stone House Restaurant and Wine Bar”. c.The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d.All requirements of the Land Development Code shall be met, except where amended herein. 2. HOURS OF OPERATION a.The hours of operation shall not exceed the following schedule: Monday & Tuesday: 4:00 p.m. – 9:00 p.m. Wednesday – Saturday: 4:00 p.m. – 10:00 p.m. Closed on Sundays 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 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 17th day of September 2019. The second reading and public hearing being conducted on the 2nd day of October 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 2ND DAY OF OCTOBER 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” – Zoning Map Exhibit “B” – Aerial Map Exhibit “C” – Site 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 9/9/2019 Number Type Presentation and Discussion Department Community Development Title Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 1, Block 1, of the Towne Square Addition, located at 5604 Colleyville Boulevard, Suite A & B, Case ZC19-011 Explanation Morris Ghandi and Juliette Gonzalez, of Ruggeri’s Pescatore Italiano Restaurant, has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 5604 Colleyville Boulevard, Suites A&B. Alcoholic beverage sales for on-premise consumption are allowed in the CC-2 Shopping Center district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-2 and generally located on the west side of Colleyville Boulevard, south of Hall-Johnson Road. The subject property is a platted lot and currently developed with a multi-tenant commercial building. Suites A&B, the proposed location of the restaurant, was previously occupied by a fitness business. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow alcoholic beverage sales for on-premises consumption in conjunction with a new restaurant at this location. The applicant is requesting to sell and serve alcohol as part of the Ruggeri’s Pescatore Italiano Restaurant menu. The applicant proposes the following hours of operation as a component of the SUP request: Sunday – Thursday: 5:00 p.m. – 9:00 p.m. Friday - Saturday: 5:00 p.m. – 9:30 p.m. Ordinance – There are four components of procedure that a business must complete to sell and serve alcohol for on-premises consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption) (2) submission of draft Texas Alcoholic Beverage Commission (TABC) License paperwork to the City Secretary’s Office for review and approval, (3) submission of completed TABC License paperwork to the TABC, (4) the issuance of an Alcoholic Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 Beverage License through the City Secretary’s Office. · Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” Language is typically added for SUPs to automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. · Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. · Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol sales must be incidental and secondary to the sale of food for human consumption (further clarified in the Code as non-alcohol and food sales must comprise at least 40 percent of gross receipts). Analysis: The applicant proposes to operate the business in a similar manner to its previous restaurant at a different location in the City. The requested location is in compliance with the distance requirements of the Code of Ordinances, and the applicant is proposing to comply with the 40/60 incidental sales requirements as stated above. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Surrounding Development: The properties to the south and east are zoned CC-2 Shopping Center district and developed with commercial buildings. The property to the north is zoned CN Neighborhood Commercial and is improved with office buildings. The property to the west is zoned R-20 Single Family Residential and is improved with homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property as located within the Central Sector of the Colleyville Boulevard Corridor. This area has been identified as having the greatest potential to become a true center of activity by tying together major commercial and entertainment centers along the Corridor. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 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. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP) to authorize the sale of alcoholic beverages for on-premises consumption for the Ruggeri’s Pescatore Italiano Restaurant at 5604 Colleyville Boulevard, Suites A&B. The proposed business is consistent with the previous uses on along Colleyville Boulevard and should not adversely impact surrounding uses. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Exhibits 6.Notification Map 7.Property Owner Notification 8.Notification List 9.Draft Ordinance 5604 5600 5601 5611 5603 5700 12115705 5605 5609 5606 5520 5708 5607 5601 5701 5609 5703 5699 5615 1215 COLLEYVILLE BOULEVARDHIDDEN OAKS DRIVEAerial 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. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property 1209 5604 5600 5601 1009 5611 5701 5603 5700 5501 1006 5801 1008 1210 5510 1007 1211 5725 5705 5709 5605 5707 5609 1109 1007 5606 1205 5520 1207 5605 5708 1006 5607 5601 5701 5609 5703 5699 12011008 1008 5615 5712 1215 HIDDEN OAKS DRIVECOLLEYVILLE BOULEVARDHALL JOHNSON ROAD D O G W O O D CO URT CHURCH S T R E E T R-20 CN AG CC-1 CC-1 PU D-C CC-2 PU D-C CC-1 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. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property 1005 0 1209 5604 5600 5601 1004 1009 5611 1007 5701 1005 5603 5700 5655 5501 1006 1008 5801 1008 1210 5510 1007 1211 5725 5705 5709 1004 5605 5707 5609 1109 1007 5606 1205 5520 5505 1207 5605 5708 1006 5607 5601 5500 5611 5701 5609 5703 5699 1201 1008 1008 5615 5712 1215 CHURCHSTREET COLLEYVILLE BOULEVARDHIDDEN OAKS DRIVED O G W O O D CO URT HID DE N O A KS CO UR T HALL JOHNSON ROAD 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. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property Sales Tax Preferred Intersection Residential Colleyville Blvd Corridor 1005 0 1209 5604 5600 5645 5601 1004 1009 5611 1007 5701 1005 5603 5700 5655 5501 1006 1008 1008 5801 1008 1210 5510 5665 1007 1211 1003 5413 5725 5705 5709 1004 5605 5707 5609 1109 1007 5301 5606 1205 5520 5505 1207 5605 5708 1006 5607 1221 1100 5601 5300 5500 5611 5701 5609 5703 5699 5800 5200 1201 1008 1008 5615 5712 1215 1201 COLLEYVILLE BOULEVARDRIVERWALK DRIVECHURCHSTREETHIDDEN OAKS DRIVEBO G AR T DR I V E D O G W O O D CO URT HIDDEN OA KS COURT HALL JOHNSON ROAD Notification 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. ZC19-011 K5604 Colleyville Boulevard, Suite A & B Subject Property 500ft Buffer Properties within 500ft 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, September 9, 2019 at 7:00 p.m. City Council Meetings: Wednesday, October 2, 2019 & Tuesday, October 15, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for Alcoholic Beverage Sales – On- Premises Consumption. The purpose is to allow for the sale of alcohol at the proposed business Ruggeri’s Pescatore Italiano. Zoning Case: ZC19-011 Applicant: Morris Ghandi and Juliette Gonzalez Owner: Eagle-Colleyville Towne Square Location: 5604 Colleyville Boulevard, Suite A&B Property Description: Lot 1, Block 1, of the Towne Square Addition Present Zoning: CC-2 Shopping Center District This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. 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 Owner Name Owner Address Owner City Owner Zip Situs Address WILDER, ROBERT J 1005 HIDDEN OAKS CT COLLEYVILLE, TX 76034 1005 HIDDEN OAKS CT MILLER, DOUGLAS L 7112 PLEASANT RUN RD COLLEYVILLE, TX 76034 1209 HALL JOHNSON RD CORE-FULMER, SARAH ELIZABETH 5604 HIDDEN OAKS CT COLLEYVILLE, TX 76034 5604 HIDDEN OAKS DR EAGLE-COLLEYVILLE TOWNE SQUARE 5430 LBJ FWY STE 1200 DALLAS, TX 75240 5600 COLLEYVILLE BLVD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1100 CHURCH ST CHARLES & ROB LTD 8235 DOUGLAS AVE STE 815 DALLAS, TX 75225 5601 COLLEYVILLE BLVD KINGETER, SCOTT 5611 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5611 HIDDEN OAKS DR FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX 76034 1007 CHURCH ST ROB & CHARLES LTD 8235 DOUGLAS AVE STE 815 DALLAS, TX 75225 5701 COLLEYVILLE BLVD CORGAN, KYLE D 5603 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5603 HIDDEN OAKS DR G W J COMPANY 1100 FOUNTAIN PKWY GRAND PRAIRIE, TX 75050 5700 COLLEYVILLE BLVD MOVIE GRILL CONCEPTS XXVIII LL 12404 PARK CENTRAL DR STE 400N DALLAS, TX 75251 5655 BLUEBONNET DR TCG PL INVESTORS LLC 12720 HILLCREST RD STE 650 DALLAS, TX 75230 5501 COLLEYVILLE BLVD COLLEYVILLE CHURCH OF CHRIST 1008 CHURCH ST COLLEYVILLE, TX 76034 1008 CHURCH ST UMLOR, STEVEN H 5801 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5801 HIDDEN OAKS DR PEGASUS LIVING TRUST 1008 HIDDEN OAKS CT COLLEYVILLE, TX 76034 1008 HIDDEN OAKS CT BEALL LEGACY PARTNERS LP 5712 COLLYVILLE BLVD STE 200 COLLEYVILLE, TX 76034 1210 HALL JOHNSON RD DEDIEGO FAMILY TRUST 405 LOCKE DR APTOS, CA 95003 5510 COLLEYVILLE BLVD GOODING, JOHN 1007 HIDDEN OAKS CT COLLEYVILLE, TX 76034 1007 HIDDEN OAKS CT ADRASTOS LLC 1500 OAK LN SOUTHLAKE, TX 76092 1211 HALL JOHNSON RD R P GANTOS VENTURES LLC 7213 COTTONWOOD CT NORTH RICHLAND HILLS, TX 76182 5413 COLLEYVILLE BLVD BLUEBONNET HILLS MEMORIAL PK PO BOX 130548 HOUSTON, TX 77219 5725 COLLEYVILLE BLVD LUNSFORD, JANET S 5705 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5705 HIDDEN OAKS DR HOCH, JEANNE M 5709 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5709 HIDDEN OAKS DR LEACH, TERRY 5605 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5605 HIDDEN OAKS DR MARSHALL, D MICHAEL 5707 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5707 HIDDEN OAKS DR HJ ROAD 26 LTD PO BOX 1703 COLLEYVILLE, TX 76034 5609 COLLEYVILLE BLVD JD JUDD REALTY HOLDINGS LLC 1109 CHURCH ST COLLEYVILLE, TX 76034 1109 CHURCH ST LILLIS, JAMES 5606 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5606 HIDDEN OAKS DR HENNESSEY PROPERTIES & INV LLC 1205 HALL JOHNSON RD COLLEYVILLE, TX 76034 1205 HALL JOHNSON RD BOTTOM FAMILY TRUST 1401 FOUNTAINGROVE PKWY # M117 SANTA ROSA, CA 95403 5520 COLLEYVILLE BLVD VELOCIS COLLEYVILLE LP 3131 MCKINNEY AVE # 10 DALLAS, TX 75204 5505 COLLEYVILLE BLVD BAYOUPEAK INVESTMENTS LLC 7005 EDEN RD NORTH RICHLAND HILLS, TX 76180 1207 HALL JOHNSON RD VELOCIS COLLEYVILLE LP 3131 MCKINNEY AVE # 10 DALLAS, TX 75204 5605 COLLEYVILLE BLVD G W J COMPANY 1100 FOUNTAIN PKWY GRAND PRAIRIE, TX 75050 5708 COLLEYVILLE BLVD RICHMOND, FREDRIC D 5607 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5607 HIDDEN OAKS DR CHIVAKULA, LAKSHMI 4104 CHARBRAY CT CEDAR PARK, TX 78613 5601 HIDDEN OAKS DR HTA-COLLEYVILLE HOSPITAL LLC 16435 N SCOTTSDALE RD STE 320 SCOTTSDALE, AZ 85254 5500 COLLEYVILLE BLVD ANTONETTI, ROBERT 5701 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5701 HIDDEN OAKS DR TREMAYNE, M W 5609 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5609 HIDDEN OAKS DR NYQUIST, JOHN 5703 HIDDEN OAKS DR COLLEYVILLE, TX 76034 5703 HIDDEN OAKS DR JERI & HOLLY LTD 5329 MONTROSE DR DALLAS, TX 75209 5699 COLLEYVILLE BLVD JNS LIVING TRUST PO BOX 1948 COLLEYVILLE, TX 76034 1201 HALL JOHNSON RD COLLEYVILLE CHURCH OF CHRIST 1008 CHURCH ST COLLEYVILLE, TX 76034 1008 CHURCH ST VELOCIS COLLEYVILLE LP 3131 MCKINNEY AVE # 10 DALLAS, TX 75204 5615 COLLEYVILLE BLVD BEALL LEGACY PARTNERS LP 5712 COLLYVILLE BLVD STE 200 COLLEYVILLE, TX 76034 5712 COLLEYVILLE BLVD G W J COMPANY 1100 FOUNTAIN PKWY GRAND PRAIRIE, TX 75050 1215 HALL JOHNSON RD BRANCH BANKING & TRUST CO 150 S STRATFORD RD STE 400 WINSTON SALEM, NC 27104 1201 CHURCH ST HIDDEN OAKS ESTATES 909 DOGWOOD COURT COLLEYVILLE, TX 76034 COURTESY NOTICE KINGSWOOD ESTATES-COLLEYVILLE P.O. BOX 978 COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED GHANDI, MORRIS AND GONZALEZ, JULIETTE 7651 CYPRESS COURT NORTH RICHLAND HILLS, TX 76182 APPLICANT ORDINANCE O-19-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 1 OF THE TOWNE SQUARE ADDITION, LOCATED AT 5604 COLLEYVILLE BOULEVARD, SUITES A&B, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; 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 on-premise consumption of alcohol under Case No. ZC19-011; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1, Block 1, of the Towne Square Addition, located at 5604 Colleyville Boulevard, Suites A&B, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit “A” Exhibit “B” and Exhibit “C”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b.The name of the business authorized for on-premise consumption alcohol sales by this Special Use Permit shall be called “Ruggeri’s Pescatore Italiano”. c.The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d.All requirements of the Land Development Code shall be met, except where amended herein. 2. HOURS OF OPERATION a.The hours of operation shall not exceed the following schedule: Sunday – Thursday: 5:00 p.m. – 9:00 p.m. Friday- Saturday: 5:00 p.m. – 9:30 p.m. 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 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 2nd day of October 2019. The second reading and public hearing being conducted on the 15th day of October 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 15TH DAY OF October 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” – Zoning Map Exhibit “B” – Aerial Map Exhibit “C” – Site Exhibit Date: !' \ SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. do not wish to sneak but please record my: ❑support k0pposition Agenda Item Number: C C1 C9 LO Name: Address: City: C - I �P�l ✓ / I5� State: Zip Code: Telephone Number: 7 epresenting: (organization/self) l understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: _� tnrormation is a Public Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. ✓ I do not wish to speak, but please record my: ❑support k%pposition Agenda Item Number: Name: Jl'tW'li Address: rZi V T ry) 1 ArCj�J1 , City: V' State: Zip Code: 0 Telephone Number: Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the ag 'nda as not respond in accordance wit the T, Signed: tom:_ ...a... Hearing, the Planning and Zoning Commission will n Meetings Law, Chapter 551 of the Texas Local tent Code. is a Public Date: SPEAKER CARD will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: �10 Name: \G Ck&Y?,I f%IAIOU, Address: City: l J" kdk& Stater Zip Code: A Telephone Number:Representing: (organiz on/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local I\ Government Code. information is a Public Date: �C I will speak In Support of this item. I will speak In Opposition to this item. Agend Name: SPEAKER CARD _ 1-do not wish to speak but please record my: ❑support ❑opposition Address: City:_ State:_ Zip Code: 75 0 v Telephone Number:M'77`�7 Representing ( rganizati self) I understand I am limited to speaking for five minutes. G� For business no listed on the agenda s a Public Hearing, the Planning and Zoning Commission will not respon in cordance with th. Texas Open Meetings Law, Gha�551 of the Texas Local j Governm_ enyCoda."' V IK�?, Signed .S "/ ~ information is a Public