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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-06/08/2020 City 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, June 8, 2020 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. CITY COUNCIL CHAMBERS 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 act ion items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: COMMISSIONER KOCH PLEDGE OF ALLEGIANCE 1. CITIZEN COMMENTS 2. APPROVAL OF MINUTES January 13, 2020 Planning and Zoning Commission January 27, 2020 Planning and Zoning Commission Worksession February 10, 2020 Planning and Zoning Commission February 24, 2020 Planning and Zoning Commission Worksession February 24, 2020 Planning and Zoning Commission Planning and Zoning Commission Agenda June 8, 2020 City of Colleyville Page 2 3.PUBLIC HEARING AGENDA ITEMS 3a Consideration of a Special Use Permit for a Fence to extend into the required street side yard on Lot 1, Block 1, of the Stowe Addition, located at 816 Shelton Drive, Case ZC20-009 3b Consideration of a Special Use Permit for a Fence to extend into the required street side yard on Lot 1, Block 8, Creekside at Colleyville, Phase 3, located at 3501 LeJoie Lane, Case ZC20-010 3c Consideration of a Special Use Permit for a Fence to extend into the required street side yard on Lots 9 & 10, Block 8, Creekside at Colleyville, Phase 3, located at 3609 LeJoie Lane and 3608 Valmur Avenue, Case ZC20-011 3d WITHDRAWN BY APPLICANT - Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for Winding Creek development, specifically for hours of operation on Lot 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 3e Consideration of amendments to Chapter 1, Section 1.17 of the Land Development Code, specifically for the permitting of expiration of vested project rights 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards on June 4, 2020 by 5:00 p.m. Christine Loven, TRMC City Secretary 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 6/8/2020 Number Type Approval of Minutes Department Community Development Title January 13, 2020 Planning and Zoning Commission January 27, 2020 Planning and Zoning Commission Worksession February 10, 2020 Planning and Zoning Commission February 24, 2020 Planning and Zoning Commission Worksession February 24, 2020 Planning and Zoning Commission Explanation Approval of the minutes for the following meetings: January 13, 2020 Planning and Zoning Commission January 27, 2020 Planning and Zoning Commission Worksession February 10, 2020 Planning and Zoning Commission February 24, 2020 Planning and Zoning Commission Worksession February 24, 2020 Planning and Zoning Commission Recommendation Approve Attachments 1.January 13, 2020 P&Z Minutes 2.January 27, 2020 P&Z Worksession Minutes 3.February 10, 2020 P&Z Minutes 4.February 24, 2020 P&Z Worksession Minutes 5.February 24, 2020 P&Z 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, January 13, 2020 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Vice Chair Moore on January 13, 2020, at 7:09 p.m. Roll Call Present: Ryan Moore, Sayeda Syed, Kimberly Holt, Matt Koch, Claudia Bevill, and George Bond Absent: Susan Mathisen Staff Present: Ben Bryner, Jacquelyn Reyff, Araceli Botello, Rob McKeown, and Eddie Tangadunrat 1.CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There were no citizens wishing to speak. 2.APPROVAL OF MINUTES March 25, 2019 Minutes (Worksession) March 25, 2019 Minutes (Regular Meeting) April 8, 2019 Minutes (Regular Meeting) April 22, 2019 Minutes (Worksession) Commissioner Holt made a motion to approve the March 25, 2019 worksession minutes, the March 25, 2019 regular meeting minutes, the April 8, 2019 regular meeting minutes, and the April 22, 2019 worksession minutes. Commissioner Bevill seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Moore, Syed, Holt, Koch, Bevill, Bond Nay: 0 3.PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Minutes January 13, 2020 City of Colleyville Page 2 3a Consideration of a request for a Replat for Lot 1, Block 1, Bristol Estate, being a replat of a portion of Block 2, of the Pleasant Oaks Estates Addition, located at 501 Beverly Drive, Case PC19-017 Jacquelyn Reyff presented the item and briefed the Commission. Applicants Dave and Gracie Bristol, 501 Beverly Drive, briefed the Commission. The public hearing was opened at 7:15 p.m. There were no citizens present wishing to speak and the public hearing was closed at 7:15 p.m. Commissioner Koch made a motion to approve Case PC19-017. Commissioner Bevill seconded the motion. The motion to approve Case PC19-017 carried with the following vote: Aye: 6 – Moore, Syed, Holt, Koch, Bevill, Bond Nay: 0 3b Consideration of a request for a Final Plat for Lots 1-34 and Lots OS1– OS-10, Block 1, Oak Alley Estates, being Lots 1R1 and 1R2, Block1, Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane North, Case PC19-021 Jacquelyn Reyff presented the item and briefed the Commission. The public hearing was opened at 7:19 p.m. There were no citizens present wishing to speak and the public hearing was closed at 7:19 p.m. Commissioner Bevill made a motion to approve Case PC19-021. Commissioner Holt seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Moore, Syed, Holt, Koch, Bevill, Bond Nay: 0 3c Consideration of a request for a Special Use Permit for an Accessory Dwelling on Lot 1, Block 1, Schiller Addition, located at 2001 Hall Johnson Road, Case ZC19-022 Jacquelyn Reyff presented the item and briefed the Commission. Owner Adam Schiller, 2001 Hall-Johnson Road, briefed the Commission. Planning and Zoning Commission Minutes January 13, 2020 City of Colleyville Page 3 Nancy Scott, builder, 217 Fountainview Drive, Euless, briefed and answered questions of the Commission. The public hearing was opened at 7:26 p.m. With no citizens present wishing to speak, the public hearing was closed at 7:27 p.m. There was general discussion regarding a private driveway and the history of the property. Commissioner Bevill made a motion to approve Case ZC19-022. Commissioner Holt seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Moore, Syed, Holt, Koch, Bevill, Bond Nay: 0 3d Consideration of a request for a Special Use Permit for an Accessory Building to exceed the 4% lot coverage allowance and for an Accessory Dwelling on Lot 1, Block 1, G&R Addition, located at 2313 Hall Johnson Road, Case ZC19-023, APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE FEBRUARY 10, 2020 PLANNING AND ZONING COMMISSION MEETING Commissioner Holt made a motion to table Case ZC19-023 to the February 10, 2020 meeting. Commissioner Bond seconded the motion. The motion to table carried with the following vote: Aye: 6 – Moore, Syed, Holt, Koch, Bevill, Bond Nay: 0 3e Consideration of a request to amend the PUD-C Planned Unit Development – Commercial district for the Heritage Farms addition, being Lots 1-3, Block A, Heritage Farms, located at 913 Cheek Sparger Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009 Jacquelyn Reyff presented the item and briefed the Commission, noting the differences to the previously approved plan. Barry Hudson, Senior Planner with Dunaway Associates, 500 Bailey, Suite 400, Fort Worth, briefed the Commission. Planning and Zoning Commission Minutes January 13, 2020 City of Colleyville Page 4 Don Stevens, 39 Tethervine Place, The Woodlands, Chief Financial Officer and Interim CEO of Methodist Retirement Communities, briefed the Commission. Rocky Berg, Three Architecture, 4040 North Central Expressway, Suite 200, Dallas, briefed the Commission. There was general discussion regarding the accessibility of the independent living buildings. Jeff Davis, Dunaway Associates, 500 Bailey, Suite 400, Fort Worth, briefed the Commission. There was discussion regarding the differences between an assisted living home and an apartment complex. The public hearing was opened at 8:21 p.m. Jill Alvarez, 3705 Woodmont Court, Bedford, spoke in support of the case; however, Ms. Alvarez stated she had a concern regarding drainage. Tom Buckelew, 3709 Woodmont Court, Bedford, spoke in opposition to the case. Mr. Buckelew spoke regarding concerns of drainage and the negative impact the development will have on Bedford residents. Jason Finch, 3721 Woodmont Court, Bedford, spoke in opposition to the case. Mr. Finch spoke regarding setbacks, drainage, and the impact the development will have on his lifestyle and property value. Greg Smith, 1902 Summit Ridge Drive, Euless, representing Covenant Christian Academy, 901 Cheek-Sparger Road, spoke in support of the case. Raul Garrison, 909 Brestol Court, Bedford, spoke in opposition to the case. Mr. Garrison questioned if there would be a fence built around the development, and spoke regarding concerns of the negative impact to his property value, children living in the area, and traffic. Roy Harrison, 900 Brestol Court East, Bedford, spoke in opposition to the case. Mr. Harrison spoke regarding concerns of traffic, and the negative impact on Bedford residents. Joanne Iuele, 908 Brestol Court East, Bedford, spoke in opposition to the case. Ms. Iuele spoke regarding concerns of drainage, parking, loss of trees, and the negative impact to wildlife and property taxes. Planning and Zoning Commission Minutes January 13, 2020 City of Colleyville Page 5 Steve Slayton, 1125 Michael Sean, Bedford, spoke in opposition to the case. Mr. Slayton spoke regarding concerns of safety and drainage. Jocelyne Buckelew, 3709 Woodmont Court, Bedford, spoke in opposition to the case. Mrs. Buckelew spoke regarding concerns of noise and construction. Tara Finch, 3721 Woodmont Court, Bedford, did not wish to speak, but wished to have her opposition recorded. David and Rebecca Brindley, 3724 Woodmont Court, Bedford, did not wish to speak, but wished to have their opposition recorded. The public hearing was closed at 8:54 p.m. Mr. Hudson spoke to the concerns addressed by the speakers regarding the senior living facility, traffic, wildlife, screening, security, phasing of the project, and drainage. Mr. Berg responded to concerns regarding the security of the senior living facility and setbacks. Mr. Davis responded to drainage concerns. There was general discussion regarding roadways, the time needed to complete the project, and fencing, and extensive discussion regarding drainage. Commissioner Koch made a motion to table Case ZC19-009. Commissioner Syed seconded the motion. The motion to table carried with the following vote: Aye: 6 – Moore, Syed, Holt, Koch, Bevill, Bond Nay: 0 3f Consideration of amendments to Chapter 3, Section 3.24.B – Schedule Of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code Ben Bryner presented the proposed amendments and briefed the Commission. The public hearing was opened at 10:02 p.m. With no citizens present wishing Planning and Zoning Commission Minutes January 13, 2020 City of Colleyville Page 6 to speak, the public hearing was closed at 10:02 p.m. There was general discussion regarding the proposed changes. Commissioner Bevill made a motion to approve the proposed changes with a modification that an accessory building can be occupied up to 30 days without requiring approval of a Special Use Permit. Commissioner Holt seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Moore, Syed, Holt, Koch, Bevill, Bond Nay: 0 4.ADJOURNMENT The meeting adjourned at 10:10 p.m. The minutes were written and prepared by: Keera Seiger Assistant to the City Secretary 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, January 27, 2020 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission worksession was called to order by Chair Mathisen on January 27, 2020, at 6:15 p.m. Roll Call Present: Ryan Moore, Syeda Syed, Kimberly Holt, Susan Mathisen, and George Bond Absent: Matt Koch and Claudia Bevill Staff Present: Ben Bryner, Jacquelyn Reyff, Robert McKeown, Eddie Tangadunrat, Araceli Botello 1. REGULAR AGENDA ITEMS 1a Presentation and discussion of a request for a Preliminary/Final Plat for Lots 111, Block A, Lots 113, Block B, and Lots 13, Block X, of the Preston Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the J J Newton Survey, located at 401 Shelton Drive, Case PC20001 Jackie Reyff presented the case and briefed the Commission. Applicant Osama Nashed and the engineer for the project were present to answer questions of the Commission. There was general discussion regarding the development, entrances, the railroad, and the price point of homes in the proposed development. 1b Presentation and discussion of a zoning change request from the AG Agricultural district to the CC1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20001 Jackie Reyff presented the case and briefed the Commission. Planning and Zoning Commission Worksession Minutes January 27, 2020 City of Colleyville Page 2 1c Presentation and discussion of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20 002 Jackie Reyff presented the case and briefed the Commission. Applicant Robert Reeves was present to brief and answer questions of the Commission. Mr. Reeves spoke regarding the conditions of the SUP. 1d Presentation and discussion of a request for a Special Use Permit for an Accessory Building to exceed the 4% lot coverage allowance and for an Accessory Dwelling on Lot 1, Block 1, G&R Addition, located at 2313 Hall Johnson Road, Case ZC19023, TABLED FROM THE JANUARY 13, 2020 PLANNING AND ZONING COMMISSION Ben Bryner presented the case and briefed the Commission. There was general discussion regarding the use of the accessory building, regulations for materials and building structures for residential properties, and the history of the property. 1e Discussion of future Planning and Zoning Commission Meeting Dates Ben Bryner briefed the Commission. There was general discussion regarding future meeting dates and attendance regulations. 2.ADJOURNMENT The meeting adjourned at 6:56 p.m. The minutes were written and prepared by: Keera Seiger Assistant to the City Secretary 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, February 10, 2020 City Council Chambers 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 Executive Session was called to order by Vice Chair Moore at 6:54 p.m. The meeting was closed at 7:01 p.m. 7:00 P.M. - REGULAR MEETING CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Vice Chair Moore on February 10, 2019, at 7:09 p.m. Roll Call Present: Ryan Moore, Sayeda Syed, Matt Koch, Claudia Bevill, and George Bond Absent: Susan Mathisen and Kimberly Holt Staff Present: Ben Bryner, Jacquelyn Reyff, Araceli Botello, Rob McKeown, Whitt Wyatt, and Araceli Botello 1.CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There were no citizens wishing to speak. 2.APPROVAL OF MINUTES May 13, 2019 Minutes (Regular Meeting) May 28, 2019 Minutes (Worksession) June 10, 2019 Minutes (Regular Meeting) July 8, 2019 Minutes (Regular Meeting) July 22, 2019 Minutes (Worksession) Commissioner Bevill made a motion to approve the May 13, 2019 regular meeting minutes, the May 28, 2019 worksession minutes, the June 10, 2019 regular meeting minutes, the July 8, 2019 regular Planning and Zoning Commission Minutes February 10, 2020 City of Colleyville Page 2 meeting minutes, and the July 22, 2019 worksession minutes. Commissioner Koch seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Moore, Syed, Koch, Bevill, Bond Nay: 0 3.PUBLIC HEARING AGENDA ITEMS 3a Consideration of a request for a Preliminary/Final Plat for Lots 111, Block A, Lots 113, Block B, and Lots 13, Block X, of the Preston Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the J J Newton Survey, located at 401 Shelton Drive, Case PC20- 001 Jacquelyn Reyff presented the item and briefed the Commission. Applicant Osama Nashed, 5000 Thompson Terrace, briefed and answered questions of the Commission. The public hearing was opened at 7:34 p.m. Mary Utley, 5704 Oak Top Drive, spoke in opposition to the case. Mrs. Utley spoke regarding concerns for increased traffic in an already congested area and further destruction of wildlife habitation. Larry and Kim Cowan, 5904 Bransford Road, did not wish to speak, but wished to express their opposition to the case. George Whitman, 405 Shelton Drive, spoke in opposition to the case. Mr. Whitman spoke regarding concerns of increased traffic and the impact to the neighborhood. The public hearing was closed at 7:43 p.m. There was discussion regarding an emergency access gate, street regulations, the development, trees, drainage, and the documentation submitted to the Commission, and the items needing to be addressed by the applicant. Commissioner Koch made a motion to table Case PC20-001. Commissioner Bond seconded the motion. The motion to table Case PC20-001 carried with the following vote: Planning and Zoning Commission Minutes February 10, 2020 City of Colleyville Page 3 Aye: 5 – Moore, Syed, Koch, Bevill, Bond Nay: 0 3b Consideration of a zoning change request from the AG Agricultural district to the CC1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-001 3c Consideration of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-002 Jacquelyn Reyff presented items 3b and 3c together, as the cases are related, and briefed the Commission. Applicant Robert Reeves, 900 Jackson Street, Suite 160, Dallas, representing Bluebonnet Hills, briefed the Commission. The public hearing was opened at 8:28 p.m. Cary P. Grossi, 1029 S. Greenville Avenue, Richardson, representing Bluebonnet Hills, spoke in support of the case. Neal Bondy, 1808 Arrington Green, spoke in support of the case. Ricky Texada, 1801 Arrington Green, spoke regarding drainage issues, the proposed driveway, cleaning out the natural swell, and the lack of trees and privacy. Mindy Russell, 1805 Camden Green, did not wish to speak, but wished to express opposition to the case. Ms. Russell noted on her speaker card her concerns for drainage and landscape. Jonathan Cheatham, 1716 Gatehouse Court, representing Stone Crest Homeowner’s Association, spoke in opposition to the case. Mr. Cheatham spoke of concerns regarding needing specification of the above ground crypts and mausoleums and what can be done to shield them from view. Lynda Wilbur, 1705 Gatehouse Court, representing Stone Crest, spoke in opposition to the case. Mrs. Wilbur spoke regarding concerns for above ground visible mausoleums and crypts, and the negative effect on property values. Stephanie Cheatham, 1716 Gatehouse Court, representing Stone Crest Planning and Zoning Commission Minutes February 10, 2020 City of Colleyville Page 4 Estates, spoke in opposition to the case. Mrs. Cheatham spoke regarding concern for above ground crypts. Colin Pair, 100 Grosvenor Lane, representing Broughton Homeowner’s Association, did not wish to speak, but wished to express support for the case. The public hearing was closed at 8:45 p.m. Mr. Reeves addressed concerns regarding landscaping, crypts, swells, and mausoleums. Mr. Grossi spoke regarding mausoleums and crypts, needs of the consumers, and the concerns of the neighbors regarding the property. There was general discussion regarding additional language to be added to the motion. Commissioner Koch made a motion to approve Cases ZC20-001 and ZC20-002, with the condition that no private mausoleum or crypt be built closer than 100 feet to the property line. Commissioner Bond seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Moore, Syed, Koch, Bevill, Bond Nay: 0 3d Consideration of a request for a Special Use Permit for an Accessory Building to exceed the 4% lot coverage allowance and for an Accessory Dwelling on Lot 1, Block 1, G&R Addition, located at 2313 Hall Johnson Road, Case ZC19-023, TABLED FROM THE JANUARY 13, 2020 PLANNING AND ZONING COMMISSION Commissioner Bevill made a motion to remove Case ZC19-023 from the table. Commissioner Koch seconded the motion The motion to remove Case ZC19-023 from the table carried with the following vote: Aye: 5 – Moore, Syed, Koch, Bevill, Bond Nay: 0 Ben Bryner presented the case and briefed the Commission. Applicant Randy Primrose, 5506 Sycamore Drive, briefed the Commission. Mr. Planning and Zoning Commission Minutes February 10, 2020 City of Colleyville Page 5 Primrose explained the request and the purpose for the accessory building, as well as provided pictures of the accessory building. The public hearing was opened at 9:34 p.m. Andrew Phelan, 2307 Ballantrae Drive, spoke in opposition to the case. Mr. Phelan spoke of concerns regarding the possibility of multiple regulations being broken, specifically the height of the building. Colt Cantrell, P.O. Box 1140, did not wish to speak, but wished to express support for the case. Roger Isbell, 5701 Sycamore Drive, spoke in support of the case. John Jay, 2309 Hall Johnson, spoke in opposition the case. Mr. Jay spoke regarding concerns of the building being larger than what the building plans presented, the negative impact on his property value, and the City not taking action when Mr. Jay notified the building inspectors of the building being oversized. Anthony Roland, 2309 Ballantrae Drive, did not wish to speak, but wished to express opposition to the case. The public hearing was closed at 9:46 p.m. Mr. Primrose addressed concerns regarding the building not meeting residential code and deviating from plans. The applicant’s father-in-law, Gary Reeder, 4603 Meandering Way, addressed the concern of the building negatively impacting neighboring property values. The public hearing was reopened at 9:54 p.m. Mr. Jay spoke regarding the applicant telling him the building was larger than what the applicant thought it would be. The public hearing was closed at 9:55 p.m. There was general discussion regarding the history of the case and the options the Commission has moving forward. Commissioner Bond made a motion to approve Case ZC19-023. Commissioner Koch seconded the motion. The motion to approve failed with the following vote: Planning and Zoning Commission Minutes February 10, 2020 City of Colleyville Page 6 Aye: 3 – Moore, Koch, Bond Nay: 2 – Syed, Bevill 3e Consideration of a zoning change request from the PUDC Planned Unit Development – Commercial district to the PUDC Planned Unit Development – Commercial district for the Heritage Farms addition, being Lots 13, Block A, Heritage Farms, located at 913 Cheek Sparger Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009, TABLED FROM THE JANUARY 13, 2020 PLANNING AND ZONING COMMISSION Commissioner Koch made a motion to remove Case ZC19-009 from the table. Commissioner Bevill seconded the motion. The motion to remove Case ZC19-009 from the table was approved with the following vote: Aye: 5- Moore, Syed, Koch, Bevill, Bond Nay: 0 Jacquelyn Reyff presented the item and briefed the Commission, noting the differences to the previously approved plan. Barry Hudson, Senior Planner with Dunaway Associates, 500 Bailey, Suite 400, Fort Worth, briefed the Commission. Don Stevens, 39 Tethervine Place, The Woodlands, Chief Financial Officer and Interim CEO of Methodist Retirement Communities, briefed the Commission. Rocky Berg, Three Architecture, 4040 North Central Expressway, Suite 200, Dallas, briefed the Commission. There was general discussion regarding the accessibility of the independent living buildings. Jeff Davis, Dunaway Associates, 500 Bailey, Suite 400, Fort Worth, briefed the Commission. There was discussion regarding the differences between an assisted living home and an apartment complex. The public hearing was opened at 10:29 p.m. Planning and Zoning Commission Minutes February 10, 2020 City of Colleyville Page 7 Tom Buckelew, 3709 Woodmont Court, spoke in opposition to the case. Mr. Buckelew spoke regarding concerns of not being contacted by the applicant to address his concerns, overcrowding, drainage, lack of details, elevation, and traffic congestion. Jocelyne Buckelew, 3709 Woodmont Court, did not wish to speak, but expressed opposition to the case. Robert Beall, 5300 Miramar Lane, as a representative of the ownership group and resident of Colleyville, spoke in support of the case. Mr. Beall spoke regarding the need for this type of development in Colleyville and the benefits of the project such as low density and more parking spaces. The public hearing was closed at 10:51 p.m. Mr. Stevens spoke regarding Vice Chair Moore’s concerns over the roundabout, the financial model as a non-profit organization, and the payment-in-lieu-of- taxes (PILOT). Commissioner Bond made a motion to approve Case ZC19-009. Commissioner Syed seconded the motion. The motion to approve carried with the following vote: Aye: 4 – Moore, Koch, Bevill, Bond Nay: 1 - Syed 4.ADJOURNMENT The meeting adjourned at 11:10 p.m. The minutes were written and prepared by: Keera Seiger Assistant to the City Secretary 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, February 24, 2020 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission worksession was called to order by Vice Chair Moore on February 24, 2020, at 6:15 p.m. Roll Call Present: Ryan Moore, Syeda Syed, Kimberly Holt, Claudia Bevill, and George Bond Absent: Matt Koch and Susan Mathisen Staff Present: Ben Bryner, Jacquelyn Reyff, Robert McKeown, Eddie Tangadunrat, Araceli Botello 1. REGULAR AGENDA ITEMS Jackie Reyff stated the first six worksession items are paired, as items 1 and 2 are together, 3 and 4 are together, and 5 and 6 are together and will be presented as such. WS-1 Presentation and discussion of a zoning change request from the R- 40 Single Family Residential district and AG Agricultural district to the RE Single Family 'Estate' Residential district on Lot 2, Block 1, of the Newgren Addition and Tract 4, Abstract 295, in the William E Crooks Survey, located at 108 and 7204 John McCain Road, Case ZC20-003 WS-2 Presentation and discussion of a Replat for Lots 2R and 3, Block 1, of the Newgren Addition, being Lot 2, Block 1, of the Newgren Addition and Tract 4, Abstract 295, in the William E Crooks Survey, located at 108 and 7204 John McCain Road, Case PC20-002 Jackie Reyff presented both cases and briefed the Commission. WS-3 Presentation and discussion of a zoning change request from AG Agricultural district to the R-40 Single Family Residential district on Tract 1A01B1, Abstract 1756, in the A T Young Survey, located at Planning and Zoning Commission Worksession Minutes February 24, 2020 City of Colleyville Page 2 218 W Glade Road, Case ZC20-004 WS-4 Presentation and discussion of a Minor Plat for Lot 1, Block A, of the Parvin Wilkerson Addition, being Tract 1A01B1, Abstract 1756, in the A T Young Survey, located at 218 W Glade Road, Case PC20-003 Jackie Reyff presented both cases and briefed the Commission. Ben Bryner presented the history of the cases. WS-5 Presentation and discussion of a zoning change request from the AG Agricultural district to the R-40 Single Family Residential district on Tract 1A01C1, Abstract 1756, in the A T Young Survey, located at 304 W Glade Road, Case ZC20-005 WS-6 Presentation and discussion of a Minor Plat for Lot 1, Block A, of the Patricia and Michael Addition, being Tract 1A01C1, Abstract 1756, in the A T Young Survey, located at 304 W Glade Road, Case PC20-004 Jackie Reyff presented both cases and briefed the Commission. There was general discussion regarding the rezoning. WS-7 Presentation and discussion of a Special Use Permit for an Accessory Dwelling on Lot 7, Block 2, of the Westcoat Place Addition, located at 6009 Westcoat Drive, Case ZC20-006 Jackie Reyff presented the case and briefed the Commission. Ben Bryner provided the history of the case. WS-8 Presentation and discussion of amendments to Chapter 2 – Definitions and Chapter 3, Section 3.24.B – Schedule of Permitted Principal Uses & Section 3.24.C – Special Land Use Standards of the Land Development Code specific to Cannabidiol (CBD) Stores Ben Bryner presented the amendments and briefed the Commission. There was general discussion regarding state regulations of CBD Stores. WS-9 Presentation and discussion of amendments to Chapter 9, Section 9.21 –Sidewalks of the Land Development Code Ben Bryner presented the amendments and briefed the Commission. Planning and Zoning Commission Worksession Minutes February 24, 2020 City of Colleyville Page 3 WS-10 Presentation and discussion of upcoming Planning and Zoning Commission meetings There was general discussion regarding upcoming meetings. 2.ADJOURNMENT The meeting adjourned at 6:45 p.m. The minutes were written and prepared by: Keera Seiger Assistant to the City Secretary 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, February 24, 2020 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission was called to order by Vice Chair Moore on February 24, 2020, at 7:00 p.m. Roll Call Present: Ryan Moore, Syeda Syed, Kimberly Holt, Claudia Bevill, and George Bond Absent: Matt Koch and Susan Mathisen Staff Present: Ben Bryner, Jacquelyn Reyff, Robert McKeown, Eddie Tangadunrat, Araceli Botello 1. APPROVAL OF MINUTES August 12, 2019 August 26, 2019 September 9, 2019 Commissioner Bevill made a motion to approve the August 12, 2019 regular meeting minutes, the August 26, 2019 worksession minutes, and the September 9, 2019 regular meeting minutes. Commissioner Holt seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Moore, Syed, Holt, Bevill, Bond Nay: 0 2. CITIZEN COMMENTS There were no citizens wishing to speak. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a request for a Preliminary/Final Plat for Lots 1-11, Block A, Lots 1-13, Block B, and Lots 1-3, Block X, of the Preston Planning and Zoning Commission Minutes February 24, 2020 City of Colleyville Page 2 Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the J J Newton Survey, located at 401 Shelton Drive, Case PC20- 001 TABLED FROM THE FEBRUARY 10, 2020 PLANNING AND ZONING COMMISSION MEETING Commissioner Holt made a motion to remove Case PC20-001 from the table. Commissioner Bevill seconded the motion. The motion to remove Case PC20-001 from the table was approved with the following vote: Aye: 5 - Moore, Syed, Holt, Bevill, Bond Nay: 0 Jackie Reyff presented the case and briefed the Commission. Mrs. Reyff noted the changes made since the previous meeting. Osama Nasheed, applicant, Senior Associate, ANA Consultant, 5000 Thompson Terrace, representing the owner/developer, thanked the Commission for their accommodation and expressed his appreciation. The public hearing was opened at 7:04 p.m. There was no one present wishing to speak, and the public hearing was closed at 7:04 p.m. Vice Chair Moore commented on the addition of the turnaround, the entrance to the subdivision, green space, and sidewalks. There was general discussion regarding the drainage agreement with the railroad, the price point of the homes in the subdivision, the builders, and concerns on the proximity of the railroad affecting property values. Commissioner Bevill made a motion to approve Case PC20-001, contingent upon the drainage agreement from the railroad. Commissioner Bond seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Moore, Syed, Holt, Bevill, Bond Nay: 0 2.ADJOURNMENT The meeting adjourned at 7:14 p.m. Planning and Zoning Commission Minutes February 24, 2020 City of Colleyville Page 3 The minutes were written and prepared by: Keera Seiger Assistant to the City Secretary 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 6/8/2020 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for a Fence to extend into the required street side yard on Lot 1, Block 1, of the Stowe Addition, located at 816 Shelton Drive, Case ZC20-009 Explanation Mark Cooper, the applicant, has submitted a request for a Special Use Permit (SUP) for a five foot steel fence to encroach into the street side yard setback for a corner lot on Lot 1, Block 1, of the Stowe Addition, being approximately 0.48 acres, and zoned AG Agricultural district. Existing Conditions/Background: The subject property, 816 Shelton Drive, has AG zoning and is located on the northwest corner at the intersection of Shelton Drive and Pleasant Run Road. The subject property has a new single family residence. In 2017, the property received approval for a Minor Plat with Plat waivers from City Council (Resolution R-17-4171) for lot size and lot dimensions. This allowed for the zoning to remain AG. This approval also required for the home to face Shelton Drive and not Pleasant Run Road. In 2018, permits were applied for and approved to build a new home on the property. At this time no permit was applied for the fence. The Land Development Code was amended by City Council in August 2019 (Ordinance O-19-2088), which then changed the placement of fencing and where it may be allowed for property lines facing a street (front and street side). In 2020, home construction is nearing completion and a fence permit application was received in February. The fence permit was denied based on the proposed location to encroach into the street side yard setback for a corner lot. The applicant subsequently applied for an SUP as allowed per the Land Development Code. SUP Request: Request – The applicant is requesting approval of an SUP to allow for a five foot steel fence to be located approximately 10 feet from the corner street side property line, which is within the street side yard of the property. Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Regulations of the Land Development Code establishes the maximum size and location of fencing to be permitted by staff on a residential lot: “E. Fence and Free-Standing Wall Setback Requirement: 2. Corner Side Yards: Except where allowed elsewhere in this chapter, no fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall extend into the required street side yard. The regulations of 1.a through 1.d above shall apply. Regulation “2” above applies in this case requiring no fence be allowed to extend into the street side yard which is 40 feet per the zoning and approved plat. The applicant proposes to locate a 5 foot steel fence to encroach into the side yard setback approximately 10 feet from the property line. The Land Development Code provides the opportunity to modify from the requirements per this: Special Use Permit Provision: Any request for a building permit for a fence/wall which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. Analysis: Any request for a residential fence which differs from the Land Development Code shall only be authorized after approval of a Special Use Permit by the City Council. The applicant is proposing the fence for privacy and security from Pleasant Run Road, which is designated as a major collector roadway. Shelton Drive is designated as a minor collector roadway. Surrounding Development: The properties to the north, east and west are zoned AG and contain residential and institutional development. The property to the south is zoned R-40 and contains a 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: Staff recommends denial as it does not meet the technical requirements of the Land Development Code. Recommendation Denial Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Fence Details 7.Photos Provided by Applicant 8.Landscape Plan 9.Grading Plan 10.Notification Map 11.Notification List 12.Property Owner Notification 13.Draft Ordinance 6100 809 5912 6014 801 816 6001 805 800 804 5916 6105 1100PLEASANT RUN ROADCOOKS LANE SH EL TO N 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. ZC20-009 K816 Shelton Drive Subject Property 6114 6100 705 6008 800 704700 905 6013 6101 6112 5900 6001 6208 808 6104 6109 701 708 809 5912 903 6200 5917 6014 6117 6114 801 816 6204 901 6113 704 6101 6001 5904 6103 812 805 5908 800 6108 804 5916 6115 907 6105 1001 1100 6005 6105 PLEASANT RUN ROADCOOKS LANE WALLERLANESH EL TON DRIVE R-30 R-40 R-20R-40AG R-40 R-40 R-30 R-20 R-30 AG R-20 R-40 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. ZC20-009 K816 Shelton Drive Subject Property 6114 6100 705 6008 800 704 6013 6112 6001 6208 808 6104 708 809 5912 6200 5917 6014 6114 801 816 6204 6101 6001 5904 6103 805 5908 800 6108 804 5916 6105 1100 6005 PLEASANT RUN ROADCOOKS LANE SH EL TON 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. ZC20-009 K816 Shelton Drive Subject Property Residential Institutional Colleyville Blvd Corridor 6114 6100 709 705 6008 800 704 900 700 905 6013 6101 6112 5900 6001 6208 808 6104 6109 701 705 1007 708 809 5912 903 6200 5917 6014 10096117 6114 801 816 6204 805 901 6113 704 6101 6001 5904 5804 6103 812 805 801 612 5908 609 800 6108 804 5916 6115 907 717 6105 1001 1100 6119 6005 6105 1000 1001SHELTON DRIVE PLEASANT RUN ROADHUNTER LANECO O K S CO UR TCOOKS LANE WALLERLANEBO G AR T DR I V E BEVERLY DRIVE 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. ZC20-009 K816 Shelton Drive Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address CONGREGATION BETH ISRAEL PO 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 ROBARE, LISA PO BOX 2802 GRAPEVINE, TX 76099 6001 HUNTER LN ST CLAIR, LLOYD S 808 BEVERLY DR COLLEYVILLE, TX 76034 808 BEVERLY DR HEDGES, B D 6104 WALLER LN COLLEYVILLE, TX 76034 6104 WALLER LN PANNO, RYAN PO BOX 217 COLLEYVILLE, TX 76034 809 SHELTON DR HASSAN FAMILY TRUST, THE 5912 PLEASANT RUN RD COLLEYVILLE, TX 76034 5912 PLEASANT RUN RD WILLIS, SCOTT A 6114 PLEASANT RUN RD COLLEYVILLE, TX 76034 6200 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 FAMILY REVOCABLE TRUST,6114 PLEASANT RUN RD COLLEYVILLE, TX 76034 6114 PLEASANT RUN RD ELMS, JASON R 801 SHELTON DR COLLEYVILLE, TX 76034 801 SHELTON DR STOWE, ELLIE P 13548 W MAUNA LOA LN SURPRISE, AZ 85379 816 SHELTON DR PLEASANT RUN BAPTIST CHURCH 6005 PLEASANT RUN RD COLLEYVILLE, TX 76034 6001 PLEASANT RUN RD 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 KERLEE, TWYLA 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 FARAGHER, JACK 6005 HUNTER LN COLLEYVILLE, TX 76034 6005 HUNTER LN GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED COOPER, MARK 404 E WALL STREET GRAPEVINE, TX 76051 APPLICANT Property hearing notices were mailed on May 22, 2020 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, June 8, 2020 at 7:00 p.m. City Council Meetings: Tuesday, July 7, 2020 & Tuesday, July 21, 2020 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for a Fence to extend into the required street side yard. The purpose is to allow for a 5 foot steel fence to encroach into the side yard setback. Zoning Case: ZC20-009 Applicant: Mark Cooper Owner: Jerome Ricks and Qing Bai Location: 816 Shelton Drive Property Description: Lot 1, Block 1, of the Stowe Addition Present Zoning: AG Agricultural 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 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 ORDINANCE O-20-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.48 ACRES, BEING LOT 1 BLOCK 1, OF THE STOWE ADDITION, LOCATED AT 816 SHELTON DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A 5 FOOT STEEL FENCE TO ENCROACH INTO THE SIDE YARD SETBACK FOR A CORNER LOT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a 5 foot steel fence to encroach into the street side yard setback for a corner lot under Case No. ZC20-009; 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 amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 5 foot steel fence to encroach into the street side yard setback for a corner lot on 0.48 acres, being Lot 1 Block 1, of the Stowe Addition, located at 816 Shelton Drive, as depicted on the attached as Exhibit “A”. Ordinance O-20-XXXX Page 2 of 3 Sec. 2. 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. 3. 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 5 foot steel fence to encroach into the street side yard setback for a corner lot. b.The fence location shall be approximately 10 feet from the street side property line and shall be generally consistent with the site plan and as depicted on the attached Exhibit “B”. c.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. Ordinance O-20-XXXX Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of July 2020. The second reading and public hearing being conducted on the 21st day of July 2020. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 21ST DAY OF JULY 2020. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site 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 3b Agenda Date 6/8/2020 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for a Fence to extend into the required street side yard on Lot 1, Block 8, Creekside at Colleyville, Phase 3, located at 3501 LeJoie Lane, Case ZC20-010 Explanation Cheryl Turner, the applicant, has submitted a request for a Special Use Permit (SUP) for a five foot iron rod fence to encroach into the street side yard setback for a corner lot on Lot 1, Block 8, of the Creekside at Colleyville, being approximately 0.1885 acres, and zoned PUD-R Planned Unit Development- Residential district. Existing Conditions/Background: The subject property, 3501 LeJoie Lane, has PUD- R zoning and is located on the southeast corner at the intersection of Petrus Boulevard and LeJoie Lane. The subject property has a new single family residence. The applicant was in receipt of an informational letter from Staff dated November 16, 2018 and at that time the Land Development Code allowed for a non-privacy fence (wrought iron, no more than 25% opaque) to be allowed within the street side yard setback and even along the exterior side property line. A building permit was issued for the construction of a new home in August of 2019. The fence permit was applied for in April of 2020 and denied. The applicant was informed that the Land Development Code had been amended by the City Council in August of 2019 (Ordinance O-19-2088) and therefore the request by the applicant is not allowed unless approved with an SUP. The applicant subsequently applied for an SUP as allowed per the Land Development Code. SUP Request: Request – The applicant is requesting approval of an SUP to allow for a five foot iron rod fence to be located approximately five feet from the corner street side property line which is within the street side yard of the property. Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials Regulations of the Land Development Code establishes the maximum size and location of fencing to be permitted by staff on a residential lot: Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 “E. Fence and Free-Standing Wall Setback Requirement: 2. Corner Side Yards: Except where allowed elsewhere in this chapter, no fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall extend into the required street side yard. The regulations of 1.a through 1.d above shall apply. Regulation “2” above applies in this case requiring no fence be allowed to extend into the street side yard which is 15’ per the zoning. The applicant proposes to locate a 5 foot iron rod fence to encroach into the side yard setback for a corner lot. The Land Development Code provides the opportunity to modify from the requirements per this: Special Use Permit Provision: Any request for a building permit for a fence/wall which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. Analysis: Any request for a residential fence which differs from the Land Development Code shall only be authorized after approval of a Special Use Permit by the City Council. The applicant is proposing the fence similar to what was previously allowed in the subdivision prior to August 2019 and to match the adjacent lot to the south. Surrounding Development: The properties to the north, south, east and west are zoned PUD-R zoning and contain residential development in the Creekside at Colleyville subdivision. 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: Staff recommends denial as it does not meet the technical requirements of the Land Development Code. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 5.Site Plan 6.Photos Provided by Applicant 7.Letter Provided by Applicant 8.Notification Map 9.Notification List 10.Property Owner Notification 11.Draft Ordinance 3908 3517 3512 3501 35173509 3916 3508 4016 3516 3521 3520 4004 3505 3504 3521 4012 4000 3513 3508 3912 3509 3509 3500 3913 3505 3501 3505 3501 3920 3500 3513 3512 3504 4008 3516 PETRUS BOULEVARDV AL M U R AV EN UE LE J OIE LANE 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. ZC20-010 K3501 LeJoie Lane Subject Property 3402 3409 3405 4100 3407 3410 3407 3408 3409 3407 3412 3411 34113409 3410 3406 3407 3408 3410 3408 3404 3411 4101 3712 3908 3517 4005 3512 4013 4020 4113 3501 3517 3601 4104 3700 3501 3908 4000 4008 3608 361240123704 4101 4112 3517 3509 3916 3500 3505 3508 4016 3521 3600 4009 3516 3604 3608 3521 3613 3520 4004 4029 3505 3504 3521 4001 4109 4004 4005 3508 4012 4025 4000 3513 3508 3900 4100 4004 3912 36093509 3509 4008 3509 3901 3609 4017 3500 3913 3520 3505 3605 3501 3605 4021 3901 3905 4108 3708 0 3505 3608 3501 4000 3920 3500 3605 3909 3609 4105 2800 3513 3909 3904 4009 4001 3504 3600 3905 3601 3513 36043512 35044008 3601 3516 4116 4117 4001 3907 3905 4101 3903 3503 4009 4003 4103 3909 3901 4005 3501 4007 LOMBARDY COURTVALMU R AVENUE CAMPANIA COURTBOWDEN HILL LANE ELE J OIE LANE LAMBRUSCO LANEPETRUSBOULEVARDBOWDEN HILL LANEN CHEVAL BL A NC D R I V E LA N G LE Y HILL LANE MIDD LETON WAYLEXINGTO NPARKWAYAL SAC E AVENUE CH E EK S PAR GER ROADSILVERWOODLANEBARDOLINOBOULEVARD RD PU D-R PU D-R 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. ZC20-010 K3501 LeJoie Lane Subject Property 3409 3405 4100 3410 3408 3409 3407 3412 3411 34113409 3410 3410 3408 3404 3411 3908 3517 4005 3512 4013 4020 4113 3501 3517 3601 4104 3501 3908 4000 4008 3608 4101 3517 3509 3916 3500 3505 3508 4016 3521 3600 4009 3516 3604 3608 3521 3613 3520 4004 4029 3505 3504 3521 4001 4109 4004 4005 3508 4012 4025 4000 3513 3508 3900 4100 4004 3912 36093509 3509 4008 3509 3901 3609 4017 3500 3913 3520 3505 3605 3501 3605 4021 3901 3905 4108 0 3505 3608 3501 4000 3920 3500 3605 3909 3609 4105 2800 3513 3909 3904 4009 4001 3504 3600 3905 3601 3513 36043512 35044008 3601 3516 4001 3907 3905 4101 3903 3503 4009 4003 3909 3901 4005 3501 4007 VALMU R AVENUE CAMPANIA COURTBOWDEN HILL LANE EMIDDLETON WAY LE J OIE LANE CH E EK S PAR GER ROADLAMBRUSCO LANEPETRUSBOULEVARDCHEVAL BLA NC D R I V E LOMBARDY COURTAL SAC E AVENUE SILVERWOODLANEHERITAGEAVENUEFuture 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. ZC20-010 K3501 LeJoie Lane Subject Property Sales Tax Preferred Intersection Residential Commercial 3402 3409 3405 4100 3404 3407 3406 3406 4102 3405 3403 3410 4201 3407 3403 3403 34083404 3409 3402 3407 3412 3411 3411 3404 3409 4103 3410 3405 3406 34073405 3408 3410 3408 3404 3401 3411 4101 3712 3908 4005 4013 4020 4113 3501 4104 3700 3501 3908 4000 4008 3612 4012 37044121 4101 4112 3916 3500 3505 4016 3521 4009 3608 3613 4004 4029 4001 4109 4004 4005 3508 4012 4025 4000 3900 4104 4100 4004 3912 36093509 4008 3901 3609 4017 3500 3913 4120 3501 4021 3901 3905 4100 4108 37080 0 3608 3501 4000 3920 3500 39093609 4105 2800 3909 3904 4009 4001 3905 4008 3601 4116 4117 4001 3907 3905 4101 3903 4105 3503 4009 4003 4103 3909 3901 4005 3501 4007 PEMBROOKE PARKWAY S V AL M U R AV EN UELOMBARDY COURTCAMPANIA COURTBOWDEN HILL LANE ELE J OIE LANE PETRUS BOULEVARDAL SAC E AVENUE CH E EK S PAR GER ROADCHRISMACWAYLEXINGTON PARKWAYBOWDEN HILL LANE N LA N G LE Y HILL LANE MIDD LE TON WAY SILVERWOODLANEBA RDOLINO BOULEVA RD HERITAGEAVENUENotification 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. ZC20-010 K3501 LeJoie Lane Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address DAVIS, LARRY 3409 BOWDEN HILL LN N COLLEYVILLE, TX 76034 3409 BOWDEN HILL LN N HALBACH, CHAD 3405 PEMBROOKE PKWY S COLLEYVILLE, TX 76034 3405 PEMBROOKE PKWY S CANTU, GARY 3410 MIDDLETON WAY COLLEYVILLE, TX 76034 3410 MIDDLETON WAY JOHNSON, LARRY B 3408 LANGLEY HILL LN COLLEYVILLE, TX 76034 3408 LANGLEY HILL LN MILLER, RONALD JAKE 3409 LANGLEY HILL LN COLLEYVILLE, TX 76034 3409 LANGLEY HILL LN WRIGHT, DAVID R 3407 PEMBROOKE PKWY S COLLEYVILLE, TX 76034 3407 PEMBROOKE PKWY S BILL AND MARY OTTO FAMILY TRUS 3412 MIDDLETON WAY COLLEYVILLE, TX 76034 3412 MIDDLETON WAY BATES, STEPHEN 3411 LANGLEY HILL LN COLLEYVILLE, TX 76034 3411 LANGLEY HILL LN HEMLER, TAYLOR 3410 BOWDEN HILL LN N COLLEYVILLE, TX 76034 3410 BOWDEN HILL LN N ZIEGLER, DAVID C 3410 LANGLEY HILL LN COLLEYVILLE, TX 76034 3410 LANGLEY HILL LN LANE, LOUIS H 3408 BOWDEN HILL LN N COLLEYVILLE, TX 76034 3408 BOWDEN HILL LN N HOHERTZ, MICHAEL 3411 BOWDEN HILL LN N COLLEYVILLE, TX 76034 3411 BOWDEN HILL LN N MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3908 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3517 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3512 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4020 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3501 VALMUR AVE REDDY, DIVAKAR 3517 ALSACE COLLEYVILLE, TX 76034 3517 ALSACE AVE CUMMINGS, KIM 3601 ALSACE COLLEYVILLE, TX 76034 3601 ALSACE AVE FANG, ZHENG 4104 PETRUS BLVD COLLEYVILLE, TX 76034 4104 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3501 CHEVAL BLANC DR CREEKSIDE AT COLLEYVILLE HOA I 101 CLARIDEN RANCH RD SOUTHLAKE, TX 76092 3904 SILVERWOOD LN 3908 SILVERWOOD LN PATEL, HAREN 4000 LOMBARDY CT COLLEYVILLE, TX 76034 4000 LOMBARDY CT DAR, HASSAN 4101 PETRUS BLVD COLLEYVILLE, TX 76034 4101 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3517 CHEVAL BLANC DR PEREZ, ALFONSO 3509 ALSACE AVE COLLEYVILLE, TX 76034 3509 ALSACE AVE TRADITION HOMES LLC 8751 COLLIN MCKINNEY PKWY STE MCKINNEY, TX 75070 3916 PETRUS BLVD PETTY, BRYCE 3500 CHEVAL BLANC COLLEYVILLE, TX 76034 3500 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3505 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3508 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4016 PETRUS BLVD AJANI, ZUMERA 3521 CHEVAL BLANC COLLEYVILLE, TX 76034 3521 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3600 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3516 VALMUR AVE CHIU, CHIN 3604 LEJOIE LN COLLEYVILLE, TX 76034 3604 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3608 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3521 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3520 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4004 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3505 VALMUR AVE NATURON PROPERTIES LLC PO BOX 610 COLLEYVILLE, TX 76034 3504 VALMUR AVE BROWN, JOSHUA 3521 ALSACE AVE COLLEYVILLE, TX 76034 3521 ALSACE AVE SINGEETHAM, SHIVA 4109 PETRUS BLVD COLLEYVILLE, TX 76034 4109 PETRUS BLVD MALLAMPATI, SANJAY 4004 LOMBARDY CT COLLEYVILLE, TX 76034 4004 LOMBARDY CT ZEPEDA, GABRIEL 4005 LOMBARDY CT COLLEYVILLE, TX 76034 4005 LOMBARDY CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3508 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4012 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4000 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3513 LEJOIE LN BEYENE, SABA 3508 VALMUR AVE COLLEYVILLE, TX 76034 3508 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3900 PETRUS BLVD MATHUR, POONAM 4100 PETRUS BLVD COLLEYVILLE, TX 76034 4100 PETRUS BLVD TRADITION HOMES LLC 8751 COLLIN MCKINNEY PKWY STE MCKINNEY, TX 75070 3912 PETRUS BLVD PATEL, AMISH 3509 VALMUR AVE COLLEYVILLE, TX 76034 3509 VALMUR AVE CHAN, ELIZABETH 3509 CHEVAL BLANC COLLEYVILLE, TX 76034 3509 CHEVAL BLANC DR GERDES, DAVID 4008 LOMBARDY CT COLLEYVILLE, TX 76034 4008 LOMBARDY CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3509 LEJOIE LN STIEGLER, DANIEL 3901 LAMBRUSCO COLLEYVILLE, TX 76034 3901 LAMBRUSCO LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3609 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3500 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3913 LAMBRUSCO LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3520 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3505 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3605 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3501 LEJOIE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3605 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3905 LAMBRUSCO LN K E GIBSON LLC 4609 ELDER RD VILLA RIDGE, MO 63089 4108 PETRUS BLVD CREEKSIDE AT COLLEYVILLE HOA I 101 CLARIDEN RANCH RD SOUTHLAKE, TX 76092 PETRUS BLVD MAMIDIBATTULA, KRISHNA 3505 LEJOIE LN COLLEYVILLE, TX 76034 3505 LEJOIE LN WANG, CHAO-CHENG 3608 LEJOIE LN COLLEYVILLE, TX 76034 3608 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3501 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4000 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3920 PETRUS BLVD XUE, YAN 3500 VALMUR AVE COLLEYVILLE, TX 76034 3500 VALMUR AVE PATEL, ANIL 3605 ALSACE AVE COLLEYVILLE, TX 76034 3605 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3609 LEJOIE LN CONG, ZHEN 4105 PETRUS BLVD COLLEYVILLE, TX 76034 4105 PETRUS BLVD 170 PLAYERS LLC 170 PLAYERS CIR SOUTHLAKE, TX 76092 2800 HERITAGE AVE LIM, GRACE 3513 CHEVAL BLANC COLLEYVILLE, TX 76034 3513 CHEVAL BLANC DR YORK, CHRISTOPHER 3909 LAMBRUSCO COLLEYVILLE, TX 76034 3909 LAMBRUSCO LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3904 PETRUS BLVD SKINNER, GINA 4001 LOMBARDY CT COLLEYVILLE, TX 76034 4001 LOMBARDY CT WHIP, MATTHEW 3504 CHEVAL BLANC DR COLLEYVILLE, TX 76034 3504 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3600 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3601 LEJOIE LN SOHAIL, MOHAMMAD 3513 ALSACE AVE COLLEYVILLE, TX 76034 3513 ALSACE AVE TRADITION HOMES LLC 8751 COLLIN MCKINNEY PKWY STE MCKINNEY, TX 75070 3604 VALMUR AVE WU, WANG 3512 VALMUR AVE COLLEYVILLE, TX 76034 3512 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3504 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4008 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3601 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3516 LEJOIE LN BIEHL, STEVE 4001 BOWDEN HILL LN E COLLEYVILLE, TX 76034 4001 BOWDEN HILL LN E WOEHRLE, SANDRA 3907 BOWDEN HILL LN E COLLEYVILLE, TX 76034 3907 BOWDEN HILL LN E STOVALL, SCOTT 3905 BOWDEN HILL LN E COLLEYVILLE, TX 76034 3905 BOWDEN HILL LN E LINCOLN, KATHLEEN K 4101 LEXINGTON PKWY COLLEYVILLE, TX 76034 4101 LEXINGTON PKWY HARRIS-CASTRO, JILL 3450 KEYSTONE LOOP DISCOVERY BAY, CA 94505 3903 BOWDEN HILL LN E AMH ROMAN TWO TX LLC 30601 AGOURA RD STE 200 AGOURA HILLS, CA 91301 3503 PEMBROOKE PKWY S VON STORCH, KENNETH 4713 BEHRENS CT COLLEYVILLE, TX 76034 4009 BOWDEN HILL LN E AKERS, THOMAS R 4003 BOWDEN HILL LN E COLLEYVILLE, TX 76034 4003 BOWDEN HILL LN E BOSTICK, JAMES D 3909 BOWDEN HILL LN E COLLEYVILLE, TX 76034 3909 BOWDEN HILL LN E YU, CHIAO-CHIN MARK 3901 BOWDEN HILL LN E COLLEYVILLE, TX 76034 3901 BOWDEN HILL LN E DANNER, DELYLE JE 4005 BOWDEN HILL LN E COLLEYVILLE, TX 76034 4005 BOWDEN HILL LN E DANA, FARID 3501 PEMBROOKE PKWY S COLLEYVILLE, TX 76034 3501 PEMBROOKE PKWY S GEORGE, JOHN 4007 BOWDEN HILL LN E COLLEYVILLE, TX 76034 4007 BOWDEN HILL LN E WOODLAND HILLS (COLLEYVILLE)4100 OXFORD COURT COLLEYVILLE, TX 76034 COURTESY NOTICE CREEKSIDE 101 CLARIDEN RANCH RD SOUTHLAKE, TX 76092 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED TURNER, CHERYL 6900 DALLAS PWKY, 3RD FLOOR PLANO, TX 75024 APPLICANT Property hearing notices were mailed on May 22, 2020 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, June 8, 2020 at 7:00 p.m. City Council Meetings: Tuesday, July 7, 2020 & Tuesday, July 21, 2020 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for a Fence to extend into the required street side yard. The purpose is to allow for a 5 foot wrought-iron fence to encroach into the side yard setback. Zoning Case: ZC20-010 Applicant: Cheryl C. Turner Owner: Cheryl C. Turner Location: 3501 LeJoie Lane Property Description: Lot 1, Block 8, Creekside at Colleyville, Phase 3 Present Zoning: PUD-R Planned Unit Development-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 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 ORDINANCE O-20-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.1885 ACRES, BEING LOT 1 BLOCK 8, OF THE CREEKSIDE AT COLLEYVILLE, LOCATED AT 3501 LEJOIE LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A 5 FOOT IRON ROD FENCE TO ENCROACH INTO THE STREET SIDE YARD SETBACK FOR A CORNER LOT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a 5 foot iron rod fence to encroach into the street side yard setback for a corner lot under Case No. ZC20-010; 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 amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 5 foot iron rod fence to encroach into the street side yard setback for a corner lot on 0.1885 acres, being Lot 1 Block 8, of the Creekside at Colleyville, located at 3501 Lejoie Lane, as depicted on the attached as Exhibit “A”. Ordinance O-20-XXXX Page 2 of 3 Sec. 2. 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. 3. 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 5 foot iron rod fence to encroach into the street side yard setback for a corner lot. b.The fence location shall be approximately 5 feet from the street side property line shall be generally consistent with the site plan and as depicted on the attached Exhibit “B”. c.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. Ordinance O-20-XXXX Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of July 2020. The second reading and public hearing being conducted on the 21st day of July 2020. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 21ST DAY OF JULY 2020. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site 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 3c Agenda Date 6/8/2020 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for a Fence to extend into the required street side yard on Lots 9 & 10, Block 8, Creekside at Colleyville, Phase 3, located at 3609 LeJoie Lane and 3608 Valmur Avenue, Case ZC20-011 Explanation Zach Schneider, the applicant, has submitted a request for a Special Use Permit (SUP) for an eight foot pre-sealed cedar fence above an existing retaining wall to encroach into the street side yard setback for a corner lot on Lots 9 & 10, Block 8, Creekside at Colleyville, being approximately 0.3851 acres, and zoned PUD-R Planned Unit Development- Residential district. Existing Conditions/Background: The subject properties, 3609 LeJoie Lane and 3608 Valmur Avenue, have PUD-R zoning and are located on the south west and northwest corners at the intersections of Petrus Boulevard and LeJoie Lane and Valmur Avenue. The subject properties are undeveloped currently, but planned for new single family residences. A building permit has not yet been issued for the construction of a new home at 3609 LeJoie Lane. A building permit was issued for the construction of a new home at 3608 Valmur Avenue in May of 2020. The applicant was informed the Land Development Code had been amended by the City Council in August 2019 (Ordinance O-19-2088) and therefore, the request for the location of future fences is not allowed unless approved with an SUP. SUP Request: Request – The applicant is requesting approval of an SUP to allow for an eight foot pre- sealed cedar fence above an existing retaining wall located within the corner street side yard setback for both properties. The proposed fence is approximately 10 feet from the property line. Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials Regulations of the Land Development Code establishes the maximum size and location Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 of fencing to be permitted by staff on a residential lot: “E. Fence and Free-Standing Wall Setback Requirement: 2. Corner Side Yards: Except where allowed elsewhere in this chapter, no fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall extend into the required street side yard. The regulations of 1.a through 1.d above shall apply. Regulation “2” above applies in this case requiring no fence be allowed to extend into the street side yard which is 15 feet per the PUD-R zoning. The applicant proposes to locate an 8 foot pre-sealed cedar fence above an existing retaining wall to encroach into the street side yard setback approximately 10 feet from the property line. The Land Development Code provides the opportunity to modify from the requirements per this: Special Use Permit Provision: Any request for a building permit for a fence/wall which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. Analysis: Any request for a residential fence which differs from the Land Development Code shall only be authorized after approval of a Special Use Permit by the City Council. The applicant is proposing the fence to be located on the retaining wall for safety and maintenance reasons. It differs from other requests being a wooden fence. The height of the retaining wall is of varying height from 2.1 feet to 3.9 feet in height. Surrounding Development: The properties to the north, south, east and west are zoned PUD-R and contain residential development in the Creekside at Colleyville Subdivision. 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: Staff recommends denial of the requested SUP as it does not meet the technical requirements of the Land Development Code. Recommendation Denial Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 3 Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Photos Provided by Applicant 7.Grading Plan 8.Notification Map 9.Notification List 10.Property Owner Notification 11.Draft Ordinance 3517 4005 3512 4013 3517 3601 36003516 3604 3608 3521 3613 3520 3521 4001 3513 3609 3901 3609 3913 3520 3605 3605 3901 3905 3608 3605 3909 3609 2800 3909 40093600 3905 3601 3513 36043512 3601 3516 V A LMUR A V ENUE CAMPANIACOURTLE J O IE LANE HERITAGE AVENUESILVERWOOD LANELAMBRUSCO LANEAerial 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. ZC20-011 K3609 LeJoie Lane and 3608 Valmur Avenue Subject Property 3517 4005 3512 4013 3501 3517 3601 3908 3517 3509 3500 3505 3508 3521 36003516 3604 3608 3521 3613 3520 3505 3504 3521 4001 3508 3513 3508 36093509 3509 3509 3901 3609 4017 3500 3913 3520 3505 3605 3501 3605 4021 3901 3905 3505 3608 3501 3500 3605 3909 3609 2800 3513 3909 4009 3504 3600 3905 3601 3513 36043512 3504 3601 3516 VALMUR AVENUE LE J O IE LANE CAMPANIACOURTCHEV A L BLA NC DR IV E LAMBRUSCO LANEHERITAGE AVENUECH E EK S PAR GER ROADSILVERWOODLANEPUD-R 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. ZC20-011 K3609 LeJoie Lane and 3608 Valmur Avenue Subject Property 3517 4005 3512 4013 3501 3517 3601 3501 3908 3517 3509 3500 3505 3508 3521 36003516 3604 3608 3521 3613 3520 3505 3504 3521 4001 3508 3513 3508 36093509 3509 3509 3901 3609 4017 3500 3913 3520 3505 3605 3501 3605 4021 3901 3905 3505 3608 3501 3500 3605 3909 3609 2800 3513 3909 4009 3504 3600 3905 3601 3513 36043512 3504 3601 3516 VALMUR AVENUE LE J OIE LANE CAMPANIACOURTLAMBRUSCO LANEPETRUS BOULEVARDC H E V A L B L A N C D R I V E HERITAGE AVENUECH E EK S PAR GER ROADSILVERWOODLANEFuture 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. ZC20-011 K3609 LeJoie Lane and 3608 Valmur Avenue Subject Property Residential Commercial Tradition Homes LLC City of Colleyville – SUP Application – Fence Location Statement of Planning Objectives The purpose of this Special Use Permit (SUP) is to request the City of Colleyville’s approval to construct a pre-sealed cedar fence on top of the existing retaining wall in Creekside Phase 3 on a corner lot. By constructing the fence on top of the wall, Tradition Homes will be addressing safety concerns and adhering to continuity already established in Creekside at Colleyville. The lots located at 3608 Valmur Ave and 3609 Lejoie Lane are adjacent to one another. Both lots have an existing retaining wall located along the eastern side of the lots (along Campania Court). • The retaining wall was constructed during development operations and is located in between the build line and property line. • The retaining wall was “cored” during development operations in order for the fence to be installed on top of the wall. • By placing this fence on the build line in situations where there is an existing retaining wall, the future homeowner would be subject to safety issues because there would be a “gap” between the fence and the retaining wall. Efforts to maintain this area would be challenging and unsafe given the height and location of the wall. • In an effort to adhere to the continuity already established in this gated community, the Applicant believes installing the fence on top of the retaining wall would be appropriate and aesthetically pleasing to the overall neighborhood. This proposed fence location would also allow the future homeowner to enjoy a much more usable backyard. • The schematic below shows the two lots in question. A cut out of the approved and stamped grading plans are show below on the right. The blue dashed line represents the existing retaining wall. Tradition Homes, LLC is the applicant. Tradition Homes has thirty-nine (39) lots under contract in Creekside at Colleyville Phase 3. Tradition’s model home is located at 3604 Valmur Avenue, Colleyville, TX 76034. Our model lot is identified in pink in the schematic above (Lot 11/Block 8). Our first home closing is anticipated to occur in June 2020. Attached to this SUP application you will find the stamped/approved Grading Plans for the community. The Grading Plans identify the location of the retaining wall. As previously stated, the retaining wall was built by the Developer (Terra Manna). It was designed and cored in anticipation of the fence posts/fence installation. Tradition Homes LLC City of Colleyville – SUP Application – Fence Location The applicant’s desire is to install the fence on top of the retaining wall. The Customer under Contract to purchase the home located at 3608 Valmur would like us to locate the fence on the wall also. The above picture of an existing home in Creekside at Colleyville @ Bardolino Blvd Entrance. This is a great example of what we are proposing to do in Phase 3. The picture below is a step and level example as we fence to grade. The rear fence will look like this, and along the street the height will be no higher than 8’ in order to comply with the City of Colleyville height requirements. The next page shows the plot plan for 3608 Valmur. Please note how close the Build Line (B.L.) is located to the existing retaining wall. SIDE YARD SWALE BETWEEN PADS2.0' OR LESS ELEVATION DIFFERENCE - NO RETAINING WALL REQUIREDSIDE YARD SWALE BETWEEN PADSGREATER THAN 2.0' ELEVATION DIFFERENCE - RETAINING WALL REQUIREDTYPICAL SEC 'A-A'SWALE AT CHEEK-SPARGER ROAD1" = 30' HCREEKSIDE, PHASE THREECOLLEYVILLE, TEXASJVC No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o 1400206/22/2015GRADING PLANSHEET 2 OF 40$7&+/,1(6((6+((72)77$22((+((((1(1,+&77++++++(6(6(6(6(6(6(6+&&1/++++666666666666666(+++7+++++&&7776((6+((72)770$7&+/,1(6((6+((72)((2277((((++77$$0&7777&7(6((6+((72)1&/&&&&&&&7&7&)&+/&+/&+++++/7))(6((6+((72)&&7&7&777777&&77$$$$0$$$$$1REVISIONS DATEJUNE-2015ADDED PRIVATE FRENCH DRAINALONG RETAINING WALL FOOTING1 3409 4100 4102 3410 3408 3409 4200 3407 3412 3411 3411 3410 3410 3404 3411 3712 3908 4005 4013 4020 4113 3501 4104 3700 3501 3908 4000 4008 3612 4012 37044121 4101 4112 3517 3916 3500 3505 4016 3521 3600 4009 3516 3608 3521 3613 3520 4004 4029 3505 3504 3521 4001 4109 4004 4005 3508 4012 4025 4000 3508 3900 4104 4100 4004 3912 36093509 4008 3901 3609 4017 3500 3913 3520 4120 3501 4021 3901 3905 4100 4125 4108 37080 0 3505 3608 3501 4000 3920 3500 3909 3609 4105 2800 3909 3904 4009 4001 3504 3905 3601 3512 35044008 3601 4116 4117 4001 3907 3905 4101 3903 4105 3503 4009 4003 4103 3909 3901 4005 3501 4007 V AL M U R AV EN UE CH E EK S PAR GER ROADLOMBARDY COURTCAMPANIA COURTBOWDEN HILL LANE ELE J OIE LANE LAMBRUSCO LANEPETRUS BOULEVARDAL SAC E AVENUELEXINGTON PARKWAYSILVERWOODLANEBA RDOLINO BOULEVARD HERITAGEAVENUENotification 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. ZC20-011 K3609 LeJoie Lane and 3608 Valmur Avenue Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3517 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4005 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3512 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4013 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3501 VALMUR AVE REDDY, DIVAKAR 3517 ALSACE COLLEYVILLE, TX 76034 3517 ALSACE AVE CUMMINGS, KIM 3601 ALSACE COLLEYVILLE, TX 76034 3601 ALSACE AVE CREEKSIDE AT COLLEYVILLE HOA I 101 CLARIDEN RANCH RD SOUTHLAKE, TX 76092 3900 SILVERWOOD LN CREEKSIDE AT COLLEYVILLE HOA I 101 CLARIDEN RANCH RD SOUTHLAKE, TX 76092 3904 SILVERWOOD LN 3908 SILVERWOOD LN PATEL, HAREN 4000 LOMBARDY CT COLLEYVILLE, TX 76034 4000 LOMBARDY CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4008 CAMPANIA CT 3608 CAMPANIA CT DAR, HASSAN 4101 PETRUS BLVD COLLEYVILLE, TX 76034 4101 PETRUS BLVD MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3517 CHEVAL BLANC DR PEREZ, ALFONSO 3509 ALSACE AVE COLLEYVILLE, TX 76034 3509 ALSACE AVE PETTY, BRYCE 3500 CHEVAL BLANC COLLEYVILLE, TX 76034 3500 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3508 LEJOIE LN AJANI, ZUMERA 3521 CHEVAL BLANC COLLEYVILLE, TX 76034 3521 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3600 VALMUR AVE DHARANI, SOHAIL 4009 LOMBARDY CT COLLEYVILLE, TX 76034 4009 LOMBARDY CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3516 VALMUR AVE CHIU, CHIN 3604 LEJOIE LN COLLEYVILLE, TX 76034 3604 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3608 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3521 LEJOIE LN JACKSON, LOREN 3613 VALMUR AVE COLLEYVILLE, TX 76034 3613 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3520 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4029 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3505 VALMUR AVE NATURON PROPERTIES LLC PO BOX 610 COLLEYVILLE, TX 76034 3504 VALMUR AVE BROWN, JOSHUA 3521 ALSACE AVE COLLEYVILLE, TX 76034 3521 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4001 CAMPANIA CT MALLAMPATI, SANJAY 4004 LOMBARDY CT COLLEYVILLE, TX 76034 4004 LOMBARDY CT ZEPEDA, GABRIEL 4005 LOMBARDY CT COLLEYVILLE, TX 76034 4005 LOMBARDY CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3508 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4025 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3513 LEJOIE LN BEYENE, SABA 3508 VALMUR AVE COLLEYVILLE, TX 76034 3508 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4004 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3609 VALMUR AVE PATEL, AMISH 3509 VALMUR AVE COLLEYVILLE, TX 76034 3509 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3509 LEJOIE LN STIEGLER, DANIEL 3901 LAMBRUSCO COLLEYVILLE, TX 76034 3901 LAMBRUSCO LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3609 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4017 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3500 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3913 LAMBRUSCO LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3520 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3505 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3605 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3501 LEJOIE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3605 LEJOIE LN JHUNJHUNWALA, PRAKASH 4021 CAMPANIA CT COLLEYVILLE, TX 76034 4021 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3901 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3905 LAMBRUSCO LN MAMIDIBATTULA, KRISHNA 3505 LEJOIE LN COLLEYVILLE, TX 76034 3505 LEJOIE LN WANG, CHAO-CHENG 3608 LEJOIE LN COLLEYVILLE, TX 76034 3608 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3501 ALSACE AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4000 CAMPANIA CT XUE, YAN 3500 VALMUR AVE COLLEYVILLE, TX 76034 3500 VALMUR AVE PATEL, ANIL 3605 ALSACE AVE COLLEYVILLE, TX 76034 3605 ALSACE AVE TRADITION HOMES LLC 8751 COLLIN MCKINNEY PKWY STE MCKINNEY, TX 75070 3909 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3609 LEJOIE LN 170 PLAYERS LLC 170 PLAYERS CIR SOUTHLAKE, TX 76092 2800 HERITAGE AVE LIM, GRACE 3513 CHEVAL BLANC COLLEYVILLE, TX 76034 3513 CHEVAL BLANC DR YORK, CHRISTOPHER 3909 LAMBRUSCO COLLEYVILLE, TX 76034 3909 LAMBRUSCO LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 4009 CAMPANIA CT SKINNER, GINA 4001 LOMBARDY CT COLLEYVILLE, TX 76034 4001 LOMBARDY CT WHIP, MATTHEW 3504 CHEVAL BLANC DR COLLEYVILLE, TX 76034 3504 CHEVAL BLANC DR MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3600 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3905 CAMPANIA CT MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3601 LEJOIE LN SOHAIL, MOHAMMAD 3513 ALSACE AVE COLLEYVILLE, TX 76034 3513 ALSACE AVE TRADITION HOMES LLC 8751 COLLIN MCKINNEY PKWY STE MCKINNEY, TX 75070 3604 VALMUR AVE WU, WANG 3512 VALMUR AVE COLLEYVILLE, TX 76034 3512 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3504 LEJOIE LN MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3601 VALMUR AVE MAINVUE TX LLC 1110-112TH AVENUE NE STE 202 BELLEVUE, WA 98004 3516 LEJOIE LN WOODLAND HILLS (COLLEYVILLE)4100 OXFORD COURT COLLEYVILLE, TX 76034 COURTESY NOTICE CREEKSIDE 101 CLARIDEN RANCH RD SOUTHLAKE, TX 76092 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED SCHNEIDER, ZACH 8751 COLLIN MCKINNEY PKWY, STE 402 MCKINNEY, TX 75070 APPLICANT Public hearing notices were mailed on May 22, 2020 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, June 8, 2020 at 7:00 p.m. City Council Meetings: Tuesday, July 7, 2020 & Tuesday, July 21, 2020 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for a Fence to extend into the required street side yard. The purpose is to allow for a less than 8 foot pre- sealed cedar fence along (above) an existing retaining wall which encroaches into the side yard setback. Zoning Case: ZC20-011 Applicant: Zach Schneider Owner: Zach Schneider Location: 3609 LeJoie Lane and 3608 Valmur Avenue Property Description: Lots 9 & 10, Block 8, of the Creekside at Colleyville Present Zoning: PUD-R Planned Unit Development-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 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 ORDINANCE O-20-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.3851 ACRES, ON LOTS 9 & 10, BLOCK 8, CREEKSIDE AT COLLEYVILLE, LOCATED AT 3609 LEJOIE LANE AND 3608 VALMUR AVENUE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN 8 FOOT PRE-SEALED CEDAR FENCE ABOVE AN EXISTING RETAINING WALL TO ENCROACH INTO THE STREET SIDE YARD SETBACK LINE FOR A CORNER LOT; 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 8 foot pre-sealed cedar fence above an existing retaining wall to encroach into the street side yard setback for a corner lot under Case No. ZC20-011; 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 amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 8 foot pre-sealed cedar fence above an existing retaining wall to encroach into the side yard Ordinance O-20-XXXX Page 2 of 3 property line for a corner lot on 0.3851 acres, being Lots 9 & 10 Block 8, of the Creekside at Colleyville, located at 3609 LeJoie Lane and 3608 Valmur Avenue, as depicted on the attached as Exhibit “A”. Sec. 2. 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. 3. 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 8 foot pre-sealed cedar fence above an existing retaining wall to encroach into the street side yard setback for a corner lot. b.The fence location shall be approximately 10 feet from the street side property line and shall be generally consistent with the, site plan and as depicted on the attached Exhibit “B”. c.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-20-XXXX Page 3 of 3 Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of July 2020. The second reading and public hearing being conducted on the 21st day of July 2020. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 21ST DAY OF JULY 2020. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site 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 6/8/2020 Number Type Public Hearing Agenda Items Department Community Development Title WITHDRAWN BY APPLICANT - Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for Winding Creek development, specifically for hours of operation on Lot 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 Explanation Recommendation Attachments 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 3e Agenda Date 6/8/2020 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to Chapter 1, Section 1.17 of the Land Development Code, specifically for the permitting of expiration of vested project rights Explanation The City Attorney has directed staff to prepare an ordinance that applies the project expiration regulations to certain projects existing at the time of adoption; provided the project meets the definition of dormancy and the City’s Ordinance provides a reasonable grace period prior to enforcement to allow pending dormant project owners to comply. The draft ordinance proposes that a development project shall become dormant and expire if for a period of two years subsequent to the original approval no progress is made towards completion of the project. A development project shall become dormant and expire if for a period of five years subsequent to the first application for a permit being filed no progress has been made towards completion of the project. Recommendation Approve Attachments 1.Draft Ordinance 2.Glenn Heights Ordinance Example ORDINANCE O-20-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 1, SECTION 1.17 - RESERVED OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of the City of Colleyville approved Ordinance O- 00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 1, Section 1.17 - Reserved of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT Chapter 1, Section 1.17 - Reserved of the Land Development Code is hereby amended to read as depicted in the attached Exhibit “A”. Sec. 2.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 4.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance O-20-xxxx Page 2 of 2 Sec. 5.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of July 2020. The second reading and public hearing being conducted on the 21st day of July 2020. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 21ST DAY OF JULY 2020. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” Section 1.17 Reserved Development Expiration Dates The City is authorized under the Texas Local Government Code, Section 245.005 to adopt an ordinance providing for expiration of permits and development projects within the City. 1.17.A. Definitions The following words, terms and phrases, when used in this Section 1.17, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: Development. Means the subdivision of land and/or the construction, reconstruction, conversion, or the structural alteration, relocation or enlargement of any buildings or structures that required site plan approval; and any use or extension of the use of land. The foregoing definition is intended to supplement the definition of the term development provided in Chapter 2 of this Land Development Code and should not be interpreted to limit or exclude any portion thereof. Dormant. With regard to an individual permit for a project, shall mean that no progress has been started towards completion of the project for a period of two years. With regard to a project in general, shall mean that no progress has been made towards completion of the project for a period of five years. Individual Permit and/or Series of Permits. For the purposes of this Section, permit means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain from the City to perform an action or initiate, continue, or complete a project for which the permit is sought. All permits required for a project are considered to be a single series of permits. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series of permits for a project. Person. An individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest, or any other legal or community entity. Progress. Towards completion of a project shall include any one of the following: (1) an application for a final plat or plan is submitted to the City; (2) a good-faith attempt is made to file with the City an application for a permit necessary to begin or continue towards completion of the project; (3) costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; (4) fiscal security acceptable to the City is posted with the City to ensure performance of an obligation required by the City; or (5) the utility connection fees and impact fees for the project have been paid to the City and/or applicable regulatory agency. Project. Means an endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. 1.17.B. Application and Administrative Review An application for a plat or plan under this Section 1.17 is not considered filed and/or submitted until the date upon which the City has determined the application is administratively complete. An application for a project permit under this Section 1.17 is not considered filed until the date upon which all information and documentation required upon filing has been delivered to the City. 1.17.C. Permit Application Expiration An application for a project permit under this Section 1.17 expires on the 45th calendar day following the date the application is filed if it is determined by the City’s department responsible for issuing the permit that the applicant has failed to provide all information and/or documentation necessary to determine the application complete; provided that, the City has, not later than the 10th business day following the filing of the application, sent the applicant written notice identifying the information and/or documentation required to complete the permit application. 1.17.D. Development Permit Expiration An individual permit for a development project shall become dormant and expire if, for a period of two years subsequent to the original permit application being filed with the City, no progress is made towards starting completion of the project. Should any other provision of this Land Development Code or applicable law provide a shorter expiration period for a particular permit, the law providing for the shorter expiration period shall apply notwithstanding this subsection. 1.17.E. Development Project Expiration A development project shall become dormant and expire if, for a period of five years subsequent to the first application for a permit being filed with the City and construction started, no progress has been made towards completion of the project. 1.17.F.New Permit Application Required Upon a permit expiring pursuant to this Section 1.17, any person seeking to initiate, continue, or complete a project for which an expired permit is required, shall be required to file a new permit application with the City and shall be subject to all policies, rules, ordinances and laws in effect at the time the new permit application is filed. Ordinance O-__-15 Page 1 ORDINANCE NO. O-__-15 AN ORDINANCE OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING CHAPTER 10, ARTICLE 10.01 OF THE GLENN HEIGHTS CODE OF ORDINANCES TO ADD DIVISION 1 “DEVELOPMENT EXPIRATION DATES”, CONTAINING SECTIONS 10.01.001.-10.01.004; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Glenn Heights, has determined that there exists within the City development projects where no action toward completion of the project has occurred for several years; WHEREAS, The City Council periodically amends the City’s development regulations and permit requirements to ensure compliance with the current local, state, federal and international building and development codes; WHEREAS, The City Council finds that adopting development permit and project expiration dates will minimize potential negative impacts to the safety, health and welfare of the citizens residing within dormant development projects as well as the surrounding neighborhoods by ensuring that future development will be conducted in accordance with the most recent building and development codes adopted by the City; and WHEREAS, There is hereby created a two year expiration date on all building and development permits and a five year expiration date on all projects where no action toward completion has taken place. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, THAT: SECTION 1. The Chapter 10, Article 10.01 of the Glenn Heights Code of Ordinances be, and the same is, hereby amended by adding Division 1 “Development Expiration Dates”, Sections 10.01.001-10.01.004, providing for permit and project expiration which shall read as follows: “ARTICLE 10.01 GENERAL PROVISIONS (Reserved) Division 1. Development Expiration Dates Sec. 10.01.001 Definitions Ordinance O-__-15 Page 2 The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: Development. Means the subdivision of land and/or the construction, reconstruction, conversion, or the structural alteration, relocation or enlargement of any buildings or structures; and any use or extension of the use of land. Dormant. With regard to an individual permit for a project, shall mean that no progress has been made towards completion of the project for a period of two years. With regard to a project in general, shall mean that no progress has been made towards completion of the project for a period of five years. Permit and/or Series of Permits. Permit means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain from the City to perform an action or initiate, continue, or complete a project for which the permit is sought. All permits required for a project are considered to be a single series of permits. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series of permits for a project. Person. An individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest, or any other legal or community entity. Progress. Towards completion of a project shall include any one of the following: (a) an application for a final plat or plan is submitted to the City; (b) a good-faith attempt is made to file with the City an application for a permit necessary to begin or continue towards completion of the project; (c) costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; (d) fiscal security is posted with the City to ensure performance of an obligation required by the City; or (e) utility connection fees or impact fees for the project have been paid to a regulatory agency. Ordinance O-__-15 Page 3 Project. Means an endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. Sec. 10.01.002 Development Permit Expiration An individual permit for a development project shall become dormant and expire if, for a period of two years subsequent to the original permit application being filed with the City, no progress is made towards completion of the project. Should any other provision of this Code or applicable law provide a shorter expiration period for a particular permit, the law providing for the shorter expiration period shall apply notwithstanding this Section 10.01.002. Sec. 10.01.003 Development Project Expiration A development project shall become dormant and expire if, for a period of five years subsequent to the first application for a permit being filed with the City, no progress has been made towards completion of the project. Sec. 10.01.004 New Permit Application Required Upon a permit expiring pursuant to this Article, any person seeking to initiate, continue, or complete a project for which an expired permit is required, shall be required to file a new permit application with the City and shall be subject to all policies, rules, ordinances and laws in effect at the time the new permit application is filed.” SECTION 2. That all provisions of the Ordinances of the City of Glenn Heights, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. If any article, paragraph or subdivision, clause or provision of this shall be judged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be valid or unconstitutional. SECTION 4. Any person, firm, corporation or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Glenn Heights, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offence. SECTION 5. This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. Ordinance O-__-15 Page 4 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS ON THIS THE 14th DAY OF JULY, 2015. APPROVED: ____________________________ Leon P. Tate, Mayor ATTEST: ____________________________ Othel Murphee, City Secretary APPROVED AS TO FORM: ____________________________ Whitt L. Wyatt, City Attorney (ww: 7-15-15: TM 72291) Date: (01 S1 zo SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: 3 A Name: a Sa• CP+ySSWUC-v. Address: Liiq P4eaSar* Qt441 i�r.Q.• City:_ (2h t ('e` Vo A e' State: Zip Code: `7(-'03 y Telephone Number: 8tj- gLjo-79"N Representing: Se�(F (organization/sell) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date:: C .-�i, _ SPEAKER CARD r/ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: 2 Name: D Address: a q- L fik r_� �— City: r- c LU\, State:` Zip Code: � Telephone Number: Representing: (organization/seM I understand I am limited to speaking for five minutes. For business not list o the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in a .fiance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: �----�_ %/ This information is a Public Record. Date: 6 1 q I 2;D 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: c support ❑opposition Agenda Item Number: D I 3� Name: Address: City: I rf 4v I III State: qX� Zip Code: Telephone Number: S 17 - i 4- 7o 3 t/ Representing: (organ izat n/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Date: information is a Public Record. SPEAKER CARD V I will speak In Support of this item. I will speak In Opposition to this item. osition I do not wish to speak but please record my: ❑support ❑opp — o O� 3 15 Agenda Item Number: C2c� k✓G'�V`��W^�S Name: ��`r r n Address: State: Zip Code: City: VLA& CMes 7.0 Telephone Number: Uq Representing. (organization/self) I understand I am limited to speaking for five minutes. not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will government Code. Signed: Date: U r Az -'4,6 SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. 7�/I do not wish to speak, but please record my: support ❑opposition Agenda Item Number: %c I 3G n Name: i Address: S " 05 \/,,A,� r City:_ State: �w�`�l( State: 2 Zip Code: Telephone Number: Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in acefrdance with the Texas Open Meetings Law, Chapter 551 of the Texas Local U Government Code. Signed: is a Public Date: (01 S1 zo SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: 3 A Name: a Sa• CP+ySSWUC-v. Address: Liiq P4eaSar* Qt441 i�r.Q.• City:_ (2h t ('e` Vo A e' State: Zip Code: `7(-'03 y Telephone Number: 8tj- gLjo-79"N Representing: Se�(F (organization/sell) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date:: C .-�i, _ SPEAKER CARD r/ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: 2 Name: D Address: a q- L fik r_� �— City: r- c LU\, State:` Zip Code: � Telephone Number: Representing: (organization/seM I understand I am limited to speaking for five minutes. For business not list o the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in a .fiance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: �----�_ %/ This information is a Public Record. Date: 6 1 q I 2;D 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: c support ❑opposition Agenda Item Number: D I 3� Name: Address: City: I rf 4v I III State: qX� Zip Code: Telephone Number: S 17 - i 4- 7o 3 t/ Representing: (organ izat n/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Date: information is a Public Record. SPEAKER CARD V I will speak In Support of this item. I will speak In Opposition to this item. osition I do not wish to speak but please record my: ❑support ❑opp — o O� 3 15 Agenda Item Number: C2c� k✓G'�V`��W^�S Name: ��`r r n Address: State: Zip Code: City: VLA& CMes 7.0 Telephone Number: Uq Representing. (organization/self) I understand I am limited to speaking for five minutes. not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will government Code. Signed: Date: U r Az -'4,6 SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. 7�/I do not wish to speak, but please record my: support ❑opposition Agenda Item Number: %c I 3G n Name: i Address: S " 05 \/,,A,� r City:_ State: �w�`�l( State: 2 Zip Code: Telephone Number: Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in acefrdance with the Texas Open Meetings Law, Chapter 551 of the Texas Local U Government Code. Signed: is a Public