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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-07/14/2020City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 14, 2020 City Council Chambers WORKSESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR Review of Regular Agenda Items and discussion of previous meeting minutes Discussion of items to be placed on future agendas and updates on development trends, progress, and City Council actions on past agenda items EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 Legal Consultation with attorney on legal issues raised by public hearing or action items on the agenda Legal briefing by City Attorney regarding planning, zoning, platting, and land use REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS CALL TO ORDER PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES October 8, 2019 Zoning Board of Adjustment 2.PUBLIC HEARING AGENDA ITEMS Zoning Board of Adjustment Agenda July 14, 2020 City of Colleyville Page 2 2a Request for an Appeal concerning interpretation or administration of a regulation of the Land Development Code, specifically appealing to allow infant swim lessons as a home occupation on Lot 2R, Block 2, of the Woodbriar Estates Addition, located at 417 Woodbriar Court, Case VC20002 3.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards July 10, 2020 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council or any other Board, Commission, or Committee 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 Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 7/14/2020 Type Approval of Minutes Department Community Development Title October 8, 2019 Zoning Board of Adjustment Attachments 1.10.08.2019 - ZBA Minutes City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 8, 2019 City Council Chambers CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member Carroll on October 8, 2019 at 7:00 p.m. Roll Call Present: Board members Sayeda Syed, Dee Kamerman, Frank Carroll, Richard Vallario, Dan Shadle, and Michael Deakin Staff Present: Jacquelyn Reyff and Araceli Botello 1. APPROVAL OF MINUTES 1a April 10, 2018 Board member Vallario made a motion to approve the April 10 2018 minutes. Board member Kamerman seconded. The motion was carried by the following vote: Aye: 5 – Syed, Vallario, Kamerman, Shadle, and Carroll Nay: 0 1b August 15, 2018 Board member Shadle made a motion to approve the August 15, 2018 minutes. Board member Kamerman seconded. The motion was carried by the following vote: Aye: 5 – Syed, Vallario, Kamerman, Shadle, and Carroll Nay: 0 1c October 9, 2018 Board member Kamerman made a motion to approve the Zoning Board of Adjustment Minutes October 8, 2019 City of Colleyville Page 2 October 9, 2018 minutes. Board member Vallario seconded. The motion was carried by the following vote: Aye: 5 – Syed, Vallario, Kamerman, Shadle, and Carroll Nay: 0 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically the maximum lot coverage requirements, on Lot 10, Block B, of the Leyton Grove Addition, located at 2411 Hawthorne Avenue, Case VC19-003 Jacquelyn Reyff presented the case and briefed the Board. The applicant, Tom Pritchett, 1218 Camino Lago, Irving, TX, came forward and briefed the Board. Mr. Pritchett addressed questions of the Board regarding the type of pool, existing structures, setbacks, maximum lot coverage for accessory structures, proposed square foot of the accessory structure, hardship of the request, meeting the current requirements for accessory structure. The public hearing was opened at 7:18 p.m. Patricia Morgan, 2308 Hawthorne Avenue, came forward before the board and spoke in opposition to the case. Mrs. Morgan addressed concerns regarding the applicant meeting code and regulations, exceeding impervious lot coverage, building without permits or approval from the City. There being no one else wishing to speak, the public hearing was closed at 7:23 p.m. The applicant, Tom Pritchett, 1218 Camino Lago, Irving, TX, came forward at the request of the Chair. Chair Carroll explained to the Applicant regarding the Board’s power and limitations on granting variances. The Chair further explained to the applicant that a variance is granted based on hardship, therefore the Board has not heard from the Applicant what is the hardship for his request and would like to hear further explanation from the applicant in order to consider his request. The Applicant explained to the Board that his hardship is based on the property being a corner and having two front yards making it compact, the setbacks are wider on those (front yard) Zoning Board of Adjustment Minutes October 8, 2019 City of Colleyville Page 3 sides, the requirement of the 30 percent maximum lot coverage regulation is restrictive for the use of the property, impacts the aesthetics of the property and the request is only for 2 percent increase. Board member Vallario a motion to deny Case VC19-003. Board member Syed seconded. The motion was carried by the following vote: Aye: 5 – Syed, Vallario, Kamerman, Shadle, and Carroll Nay: 0 3. ADJOURNMENT The meeting adjourned at 7:28 p.m. Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on_________, by a vote of ____. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, 76034 colleyville.com Agenda Number 2a Agenda Date 7/14/2020 Number Type Public Hearing Agenda Items Department Community Development Title Request for an Appeal concerning interpretation or administration of a regulation of the Land Development Code, specifically appealing to allow infant swim lessons as a home occupation on Lot 2R, Block 2, of the Woodbriar Estates Addition, located at 417 Woodbriar Court, Case VC20-002 Explanation Paul F. Wieneski, on behalf of Jennifer DeLaCruz, the applicant, has submitted a request for an Appeal concerning interpretation or administration of a regulation of the Land Development Code, specifically appealing to allow infant swim lessons as a home occupation use on Lot 2R, Block 2, of the Woodbriar Estates Addition, located at 417 Woodbriar Court, Case VC20-002. Existing Conditions/Background: The subject property, 417 Woodbriar Ct, resides on the south side of Woodbriar Court and west of the intersection with Oakbriar Lane. The subject property has R-20 zoning and is currently developed with a single family home, an accessory building, and a pool. The R-20 Single-Family residential zoning allows for home occupation uses with conditions as described per Chapter 3 of the Colleyville Land Development Code. History: On May 11 2020, the applicant received a code violation notice from the City’s Code Enforcement Officer for violation of the home occupation use of the Land Development Code. May 12, 2020, the applicant contacted Community Development Staff about the violation notice. May 13, 2020, Community Development Staff responded to the applicant and provided a copy of the Home Occupation Use code section from the Land Development Code to the applicant for her review. May 27, 2020, Community Development Staff confirmed that the use of infant swim lessons at 417 Woodbriar was in violation and informed the applicant of this determination. June 9, 2020, The City received an appeal of the City’s interpretation or administration of a regulation to allow infant swim lessons as a home occupation use. Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 2 Requested Appeal: The applicant is requesting an appeal concerning interpretation or administration of a regulation to allow infant swim lessons as a home occupation use. The relevant Chapters and Sections from the Land Development Code are included below. Ordinance- Chapter 2- Definitions- Home Occupation. Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling, and shows no external evidence of such use. Section 3.24.B which generally states: No person other than members of the family residing on the premises shall be engaged in such occupation. Ordinance-Chapter 3- Land Use, Section 3.12 R-20 – Single Family Residential District E. Permitted Accessory Uses E. Permitted Accessory Uses – Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings, structures, and uses customarily incidental to the “permitted principal uses” are allowed, including but not limited to the following: 1. Private residential garages, carports and related storage buildings and greenhouses accessory to permitted residential uses. 2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent residential property; and further provided that any such pool or game court is for the private use of the site occupants and their guests, and not operated as a business. Such pool(s) may be located in a required side or rear yard, but not forward of the primary dwelling on the lot, and shall not be located closer than five (5’) feet to any side or rear property line. A person commits an offense if that person maintains a public nuisance as determined under this section. Each and every day such nuisance continues shall constitute a separate and distinct offense. Ordinance – Chapter 3- Land Use, Section 3.24. Schedule of Permitted Principal Uses and Schedule of Permitted Uses C. Special Land Use Standards Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 3 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group A G R E R 4 0 R3 0 R 2 0 R 1 5 R D R M F M H C P O O C N C C 1 C C 2 C C 3 M L A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P P P P 6 3 B. ACCESSORY USES Home Occupations Uses P P P P P P P P P 6 n.a. 6. Home Occupation Uses: a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non- illuminated, and mounted flat against the wall of the principal building. d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area; Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 4 e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. f. Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; small-scale production of cosmetics and household sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities --- but excluding medical and law offices, auto repair, beauty shops, pet grooming services, kennels and other such activities. g. If a home occupation is deemed to become a nuisance as described in ‘e’ above, the Administrative Official may halt the use of the home occupation. Surrounding Development: The properties to the north, east and west are zoned R- 20 Single Family Residential district. The property to the south is zoned R-15 Single Family Residential district. All adjacent properties are developed with single family homes. Recommendation None Attachments 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Code Violation Notice to Property Owner 5. Property Owner's Response to Code Violation Notice 6. Community Development Response to Code Violation Notice 7. Determination from City Manager 8. Property Owner's Appeal Letter 9. Statement of Planning Objectives 10. Notification Map 11. Notification List 12. Property Owner Notification 13. Letters of Support 14. Letter of Opposition 501 417 408 409 408 421 412 417413 413 404 3605416 412 405 500 420 405 416 OAKBRIAR LANEF A L C O N C O UR T WOOD BRIA R COURT 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. ZC20-002 K417 Woodbriar Court Subject Property 3604 505 313 501 3703 417 408 409 400 404 300 504 509 409 36163613 3700 408 400 3700 421 3700 316 3704 412 3617 3500 413 308 504 3701 401 500 3516 312 501 3504 417 3505 3700 505 505 305 304 401 3609 509 3509 413 413 309 3701 3513 404 408 3701 3612 3508 405 3517 3605 416 3612 508 412 401 3608 400 412 513 404 405 500 501 3512 508 420 405 416 OAKBRIAR LANEWO O D BR IAR LAN E Q U A I L C R E S T D R I V E B R IA R W IC K LA NE RAVEN COURT F A L C O N C O U R T WOOD BRIA R COURT MEADOWLARK LANER-15 R-20 AG R-40 R-15 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. ZC20-002 K417 Woodbriar Court Subject Property 3604 505 313 501 3703 417 408 409 400 404 300 504 509 409 36163613 3700 408 400 212 421 3700 316 3704 412 3617 3500 413 308 504 3701 401 500 3516 312 501 3504 417 3505 3700 505 301 505 305 304 401 3609 509 3509 413 413 309 3701 3513 404 408 3701 3612 3508 405 3517 3605416 3612 508 412 401 3608 400 412 513 404 405 500 501 3512 508 420 405 416 WO O D BR IAR LAN E OAKBRIAR LANEQ UA I L R U N QUAILC R E S T D R I V E B R IA R W IC K LA NE RAVEN COURT F A L C O N C O U R T WOOD BRIA R COURT MEADOWLARK LANEFuture 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. ZC20-002 K417 Woodbriar Court Subject Property Residential Open Space; Parks Monday, May 11, 2020 DELACRUZ, RANDOLPH 417 WOODBRIAR ST COLLEYVILLE, TX 76034 Case Number: CE2005-0003 Property Description: 417 WOODBRIAR CT OFFICIAL NOTICE OF CODE VIOLATION You are hereby given official notice of violation of the home occupation use of the Land Development Code. Swimming lesions are not a permitted business on residential properties. Your sign is also not permitted please remove it. Chapter 2 of the Land Development Code generally states: Home Occupation. Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling, and shows no external evidence of such use. Section 3.24.B which generally states: No person other than members of the family residing on the premises shall be engaged in such occupation. Section 3.12 E. Permitted Accessory Uses – Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings, structures, and uses customarily incidental to the “permitted principal uses” are allowed, including but not limited to the following: 1. Private residential garages, carports and related storage buildings and greenhouses accessory to permitted residential uses. 2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent residential property; and further provided that any such pool or game court is for the private use of the site occupants and their guests, and not operated as a business. Such pool(s) may be located in a required side or rear yard, but not forward of the primary dwelling on the lot, and shall not be located closer than five (5’) feet to any side or rear property line. A person commits an offense if that person maintains a public nuisance as determined under this section. Each and every day such nuisance continues shall constitute a separate and distinct offense. Please be advised that failure to abate this violation within ten (10) days after the date this notice is received may result in citations for each separate offense. Sec. 1-6. General penalty for violations of Code; Abatement of Nuisances generally states: (a) Whenever in this Code or in any ordinance or police regulation of the city, an act is prohibited or is made or declared to be unlawful, an offense or a misdemeanor, or wherever in such Code or any ordinance to do any act is declared to be unlawful, the violation of any such provision of this Code or any such ordinance or police regulation shall be punished by a fine not to exceed $2,000.00 for violations of provisions that govern fire safety, zoning or public health and sanitation, including dumping of refuse, and violations of all other provisions shall be punished by a fine not to exceed $500.00. Each day that any violation of this Code or of any ordinance shall continue shall constitute a separate offense. The City of Colleyville will appreciate your prompt attention to this matter. Thank you for your cooperation, Kim Roby Code Enforcement Officer City of Colleyville (817) 503-1036 Attachment available until Jun 11, 2020 From:Jennifer DeLaCruz To:Jackie Reyff Subject:Colleyville Infant Aquatics code violation Date:Wednesday, May 13, 2020 8:40:36 AM Hi Jacquelyn, My name is Jennifer DeLaCruz. My friend Rob McKeown talked to you today after I reached out to him for help and he suggested I email you in regard to the code violation letter I received yesterday. He said you would be able to email me some information that may help. I teach survival swim lessons to children ages 6 months to 6 years (and some older, even the occasional adult). I have been teaching these lessons for 13 years (11 years in my home in Bedford). When I looked up home businesses in Colleyville I saw that you could teach private educational lessons but I didn’t see the part where it could not involve your pool. If we had known that we would not have purchased this house. It was not my intention to violate code. But we love it here and would like to stay. If there is any way we can discuss options for me to continue teaching I would greatly appreciate it. This is a business and of course it contributes to our family. But I am passionate about saving lives. My own daughter fell into my mothers pool when she was 20 months old. She was one of the lucky ones as she is now 16. That’s how I got involved in teaching. Drowning is the number 1 cause of death in children under the age of 4. I have taught many children over the years, many of my families being from Colleyville. I can provide any references to my character and business that you would like. I believe this is a contribution to the health and safety of Colleyville and surrounding cities. I really would like to continue this with the city’s blessing. Rob told me that the issue was a complaint with cars on the street. We are open to whatever we can do to solve this problem including adding a circle drive in our front if this meets with the standards/codes of the city. Any other suggestions you have to making this work would be greatly appreciated. As I only got the letter from the mail yesterday morning and the deadline to respond was 10 days (the 15th) I have notified my current clients that unless we can resolve this I will have to teach from either a client’s home or my mothers pool in North Ft Worth beginning Monday. I cannot do that long term so I will have to retire if this is not resolvable. I truly hope that is not the case as I have June completely booked and half of July that I would have to cancel. And I truly love what I do. I look forward to your response. I’ve also attached a video of my second youngest over the years so you can see what I do. (sending through mail drop so hopefully it works) Thank you so much for your time. Click to Download Elizabeth.MOV 140.4 MB Jennifer DeLaCruz www.infantaquatics.com 469-878-3979 Attachment available until Jun 11, 2020 From:Jackie Reyff To:"Jennifer DeLaCruz" Cc:Robert Mckeown; Ben Bryner; Ky Roby Subject:RE: Colleyville Infant Aquatics code violation Date:Wednesday, May 13, 2020 8:49:00 AM Attachments:image006.png Morning Jennifer, We’ve been in contact with both Rob and Ky and Ky should be giving you a call sometime today. From our perspective, the issue has been parking and as long as the parking is off the street and in your driveway that should put you back into compliance with the City’s Land Development Code. Here is the specific language for Home Occupation Uses: If you have any further questions, I may be reached by phone or email. Best Regards, Jackie Jacquelyn Reyff, AICP Principal Planner 817.503.1056 Integrity ~ Communication ~ Excellence ~ Transparency ATTENTION ALL PUBLIC OFFICIALS: A “Reply to All” of this e-mail could lead to violations of the Texas Open Meeting Act. Please reply only to the sender. From: Jennifer DeLaCruz Sent: Tuesday, May 12, 2020 9:07 PM To: Jackie Reyff Subject: Colleyville Infant Aquatics code violation Hi Jacquelyn, My name is Jennifer DeLaCruz. My friend Rob McKeown talked to you today after I reached out to him for help and he suggested I email you in regard to the code violation letter I received yesterday. He said you would be able to email me some information that may help. I teach survival swim lessons to children ages 6 months to 6 years (and some older, even the occasional adult). I have been teaching these lessons for 13 years (11 years in my home in Bedford). When I looked up home businesses in Colleyville I saw that you could teach private educational lessons but I didn’t see the part where it could not involve your pool. If we had known that we would not have purchased this house. It was not my intention to violate code. But we love it here and would like to stay. If there is any way we can discuss options for me to continue teaching I would greatly appreciate it. This is a business and of course it contributes to our family. But I am passionate about saving lives. My own daughter fell into my mothers pool when she was 20 months old. She was one of the lucky ones as she is now 16. That’s how I got involved in teaching. Drowning is the number 1 cause of death in children under the age of 4. I have taught many children over the years, many of my families being from Colleyville. I can provide any references to my character and business that you would like. I believe this is a contribution to the health and safety of Colleyville and surrounding cities. I really would like to continue this with the city’s blessing. Rob told me that the issue was a complaint with cars on the street. We are open to whatever we can do to solve this problem including adding a circle drive in our front if this meets with the standards/codes of the city. Any other suggestions you have to making this work would be greatly appreciated. As I only got the letter from the mail yesterday morning and the deadline to respond was 10 days (the 15th) I have notified my current clients that unless we can resolve this I will have to teach from either a client’s home or my mothers pool in North Ft Worth beginning Monday. I cannot do that long term so I will have to retire if this is not resolvable. I truly hope that is not the case as I have June completely booked and half of July that I would have to cancel. And I truly love what I do. I look forward to your response. I’ve also attached a video of my second youngest over the years so you can see what I do. (sending through mail drop so hopefully it works) Thank you so much for your time. Click to Download Elizabeth.MOV 140.4 MB Jennifer DeLaCruz www.infantaquatics.com 469-878-3979 From: Jerry Ducay <JDucay@colleyville.com> Sent: Wednesday, May 27, 2020 4:02 PM To: Ky Roby <kroby@colleyville.com> Cc: Dara Nelson <dnelson@colleyville.com>; Mark Wood <MWood@colleyville.com>; Ben Bryner <BBryner@colleyville.com> Subject: RE: RE~SEND to Newton on 26 May 2020~RE 417 Woodbriar Ct [2nd reply to Bryner] Ky: As you outlined in the notice, this “business” use is a violation of the home occupancy regulations. I have shared that opinion with Ben. Jerry Ducay City Manager City of Colleyville 100 Main Street Colleyville, Texas 76034 817-503-1116 (office) 817-312-2030 (cell) 817.503.1200 Integrity ~ Communication ~ Excellence ~ Transparency ATTENTION ALL PUBLIC OFFICIALS: A “Reply to All” of this e-mail could lead to violations of the Texas Open Meeting Act. Please reply only to the sender. PAUL F. WIENESKIE Attorney at Law Bailey & Galyen 1300 Summit Ave., Ste 650 Fort Worth, TX 76102 Ph. 817-276-6000 board certified, civil appellate law texas board of legal specialization June 6, 2020 Ben Bryner, AICP Community Development Director City of Colleyville, TX via email Re: 417 Woodbriar Ct.; Randy and Jennifer DeLaCruz Dear Mr. Bryner: I have been retained by Randy and Jennifer DeLaCruz in connection with the Notice you emailed to Jennifer on May 27, 2020, alleging that her use of her private residential pool to teach survival swimming lessons is violating the traffic and noise regulations for home occupations. The purpose of this correspondence is to formally appeal that determination and to request a hearing of the appeal by the Colleyville Zoning Board of Adjustment. Transmitted herewith is an appeal letter from Jennifer DeLaCruz with more detail on her and her aquatic survival training for small children. You can see from that letter that any traffic issues have been and are being addressed. Please notify me of the date, time and format for the ZBA hearing (in-person, virtual, etc.). Please also feel free to contact me with any questions. Sincerely, /s/ Paul F. Wieneskie Paul F. Wieneskie cc: Jennifer DeLaCruz Jerry Ducay, City Manager June 4, 2020 ATTN:City Council ATTN:City Manager Please consider this letter my formal appeal of the determination made by Ben Bryner sent by email on May 27th 2020 concerning Colleyville Infant Aquatics. I am including all information I think is relevant to this appeal. History I am a trained aquatic survival specialist and have been training infants and children for the last 13 years how to survive aquatic accidents. I went through the training after my own daughter fell in my mother’s pool when she was 20 months old. There were 8 adults around the pool and NOT ONE OF US saw her enter the pool. Fortunately she was seen under water and rescued in time by my sister. But the image of her little body submerged and struggling with only the crown of her head above water will NEVER be erased from my memory. The realization of how quickly this happens prompted me to seek something beyond typical swim lessons. I found survival lessons in Dallas and drove 45 minutes each way 4 days a week for her to learn to survive. This instructor also taught from her backyard pool. I was so impressed with what my daughter learned I went through the training to be an instructor myself so I could bring this incredible training to my area. We moved to Colleyville in August of 2017. It was not ever my desire to intentionally violate any city code. I was completely unaware such code existed. As I taught for 11 years from my backyard pool in Bedford with no problems it did not even occur to me that it would be an issue here. We found a house that we loved and as MANY clients over the years have been from Colleyville we felt this was the perfect location for our family and to continue teaching these lifesaving skills during the summer months. Our ﬁrst full summer living here (2018) our neighbor, Barbara Reynolds (413 Woodbriar Ct), expressed her displeasure to one of my clients about parking in front of her house. After my client shared her experience I went to my neighbor the next morning to talk to her. She then expressed her displeasure with me and even said that her husband was a lawyer and she would hate if someone called the city on me. (This comment made me wonder if I was doing something wrong. So after our conversation I searched city ordinances and could only ﬁnd information about providing educational lessons from home and I ﬁgured water survival instruction qualiﬁed. I never saw anything about additional traffic or not being able to use residential pools for business). We continued talking and by the end of the conversation it seemed to be resolved and we worked to have everyone park in the driveway. I followed up with her the rest of the summer and the summer of 2019 to see if she had any other concerns with parking. She told me no, that everything was ﬁne. May 11, 2020, after only one week of lessons we received notice of a code violation in the mail. I was shocked. After inquiring, we learned that it was a parking complaint from our neighbor and I was told through email by Jackie Reyff (5/18/20) and by phone with Ky Roby that it was a parking issue and that if we solved that problem it would put us back into compliance. I asked about the pool not being allowed to “be operated as a business” and they said that was meant to mean it shouldn’t be rented out to others for use. The email included the “Home Occupation Uses” and that section did not include the prohibition of the pool as a business. I also asked on the phone about the traffic (d under home occupation) and he said as long as they were in the driveway it shouldn’t be a problem. May 17, 2020. I delivered a letter to all neighbors on my street and the two behind us explaining my business, the complaint to the city, and apologizing for any inconvenience up to this point. (letter available upon request) I then outlined what we were doing to mitigate the issue of parking (marked spaces in my back driveway, notiﬁed new clients MULTIPLE times with parking instructions, and plans to get estimates for a circle drive. To date we have had two estimates and a third is scheduled for this weekend). I received several positive responses back from these neighbors offering their driveway if needed and expressing their support. May 22, 2020, received an email from Ben Bryner saying he was revisiting my home occupation use as there were some “gray areas” that needed to be clariﬁed with the City Managers Office. Again, made calls to inquire. My husband was told that code enforcement was a reactionary entity and that as long as there was a complaint, code must be enforced. The email said, “The use is violating the traffic and noise regulations for home occupations per the complaint received by our Code Enforcement Officer. This means that the use is not in compliance and therefore must be ceased until the complaint is removed/resolved.” Mr. Bryner repeated this to my husband on the phone on 5/28/20. My husband was told that if the complaint went away, the violation went away. Mu husband asked about the gray areas mentioned in the email and was told that it really was a black and white issue, written in the code, that pools were not to be used as a business. So it seems although the email said the use must cease due to a noise and traffic violation the use of the pool seems to be the bigger issue, not the traffic. Please understand that I really do appreciate the help given by the different city officials we have spoken to. Everyone has been very helpful, kind, and supportive on the phone. But I do feel that the process thus far has been very unclear and difficult to navigate from the perspective of citizens truly trying to do the right thing. Colleyville Infant Aquatics Information Who: Jennifer DeLaCruz (only instructor) What: Drowning prevention program providing the Infant Aquatics Swim-Float-Swim & Self- Rescue training for children 6 months and older. I am part of a worldwide network of instructors trained in the Infant Aquatic Survival method. www.infantaquatics.com When: Seasonal— May to August (on occasion extending into September) Where: Until recently, my backyard pool 417 Woodbriar Ct, Colleyville Why: Colleyville (and surrounding cities in Tarrant County) are family oriented cities with many residential swimming pools. •Drowning is the leading cause of accidental death in children ages 1-4. •Drowning is silent. •Texas had the deadliest rate of child pool and spa drownings in 2019 for children ages 15 and under, with 34 media-reported fatal child drownings in pools and spas in Texas compared to 23 in Florida, 19 in California, 14 in Ohio and 13 in Arizona. (https:// www.kvue.com/article/life/texas-deadliest-child-drowning- rate-2019/269-37628bcc-13b9-4d2b-8cb2-7fea291f98d6) •According to Fort Worth Drowning Prevention Coalition (https://fwdpc.org): • Texas is #1 for pool drowning deaths •Tarrant County is top 3 in Texas for total and per capita pediatric drowning deaths •Swim lessons are proven to reduce the risk of drowning by up to 88%, INCLUDING for children ages 1-4. (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4151293/) •In an updated policy on drowning, the American Academy of Pediatrics states: "High-quality swim lessons provide more experiential training, including swimming in clothes, falling in, and practicing self-rescue.” (https://pediatrics.aappublications.org/content/143/5/ e20190850) (This is what I do) Details on Survival Swim Method These are NOT typical swim lessons. They are far more effective. In order to achieve this effectiveness they are not run in the same manner as typical swim lessons. This method takes weeks, not years. Lessons are one on one. I have ONE child in the water with me at a time. They are ten minutes in duration, 4 times a week, Monday through Thursday. I do occasionally offer a make up lesson on a Friday or Saturday if a lesson is cancelled due to weather or illness. Survival skills are typically learned within 4-6 weeks. Children come back as “refreshers” to brush up their skills the following summer if they have been out of the water all winter. I teach 4.5 hours a day, three hours in the morning and 1.5 hours in the afternoon/evening. Other instructors teach almost twice these hours, many from their own pool. These lessons are in high demand so in order to reach as many children as possible I schedule 5-6 children an hour. This does not mean there are always 5-6 cars in and out every hour as often times 2 or 3 siblings are signed up in back to back lessons. I typically have no more than 3 parent/child/family groups on my property at a time. Final Notes I have made every attempt to do what was asked as these issues have arisen. We have asked for an extension and have been denied. This determination affects not only my family. Just yesterday we were made aware that the timeline to appeal will likely last the entire summer, with the ﬁrst meeting not even happening until July 16th. I have more than half of my summer already booked and deposits paid. And I am receiving daily requests for more children to get on my schedule. For example, two inquiries on 6/3/20 and seven inquiries on 6/4/20. Due to this determination and the new timeline I was given yesterday I have to decline and tell them I cannot help their child learn to survive this summer. This is devastating to me especially in a time as we are currently in with the Covid situation and many families spending much more time at home this summer. I have been considering other pool options but I cannot guarantee that a pool will be available to me the entire summer. Even if it were, and as much as I want to help these children, bouncing around from pool to pool is not an option for my family. I was willing to do this temporarily when we were told I would likely be able to appear before the council in 2 weeks. I have many teaching tools that help me in survival training which will be very difficult to tote to different locations. Not to mention the extra time away from my family. I have 6 children with the youngest having special needs. This breaks my heart that I am unable to provide this necessary service to the families that need them. I implore you, if there is any other way to speed up this timeline or provide an extension so I can continue to provide these lifesaving skills to the children in our community and surrounding areas, please let me know. Thank you, Jennifer DeLaCruz www.infantaquatics.com facebook.com/colleyvilleinfantaquatics 469-878-3979 3604 313 501417 408 409 3613 408 400 421 412 3617 504 401 500 501 417 505 401 3609 3509 413 413 309 3513 404 3612405 3517 3605416 3612 412 401 3608 400 412 404 405 500420 405 416 OAKBRIAR LANER A V E N C OUR T WO ODB RIAR LANE F A L C O N C O U R T WO ODBRIAR COURT 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. VC20-002 K417 Woodbriar Court Subject Property 200ft Buffer Properties within 200ft Owner Name Owner Address Owner City Owner Zip Situs Address WINDING CREEK VILLAGE LLC 1801 PRECINCT LINE RD STE A HURST, TX 76054 6500 COLLEYVILLE BLVD 3 J GREEN LIMITED PARTNERSHIP 6620 COLLEYVILLE BLVD STE 100 COLLEYVILLE, TX 76034 6508 COLLEYVILLE BLVD 7 MOON INVESTMENT INC 7009 COLE CT COLLEYVILLE, TX 76034 6312 COLLEYVILLE BLVD ADDITIONAL SELF STORAGE LP 2964 LBJ FRWY STE 400 DALLAS, TX 75234 1801 INDUSTRIAL BLVD AMERICA'S STORAGE 4311 OAK LAWN AVE STE 360 DALLAS, TX 75219 6509 COLLEYVILLE BLVD BITTICK, EDWARD D 6405 KINGSTON COLLEYVILLE, TX 76034 6405 KINGSTON DR BOULEVARD ANIMAL HOSPITAL PC 6413 COLLYVILLE BLVD COLLEYVILLE, TX 76034 6413 COLLEYVILLE BLVD BOWDEN, GERALD W 850 AVENIDA SERENA MARBLE FALLS, TX 78654 6516 COLLEYVILLE BLVD BOYLES, MARTIN 6505 PONDEROSA LN COLLEYVILLE, TX 76034 6505 PONDEROSA LN BRASHEAR, H C 5616 BELFAST LN NORTH RICHLAND HILLS, TX 76180 6400 KINGSTON DR CANNADAY, JOHN W EST 6413 KINGSTON COLLEYVILLE, TX 76034 6413 KINGSTON DR CAVINS, ANDREW 6513 PONDEROSA LN COLLEYVILLE, TX 76034 6513 PONDEROSA LN CROCKER, RHONDA 6500 KINGSTON COLLEYVILLE, TX 76034 6500 KINGSTON DR DACY, TIMOTHY LANCE 5705 MORLAIX CT COLLEYVILLE, TX 76034 6516 KINGSTON DR DIMITROV, LACHEZAR P 6509 KINGSTON COLLEYVILLE, TX 76034 6509 KINGSTON DR DOUGLAS, SCOTT E 6308 KINGSTON COLLEYVILLE, TX 76034 6308 KINGSTON DR FENNEMA, SEAN 6513 KINGSTON DR COLLEYVILLE, TX 76034 6513 KINGSTON DR FISH, ROBERT 6401 KINGSTON COLLEYVILLE, TX 76034 6401 KINGSTON DR FLIPPIN, LINDA M 6405 PONDEROSA LN COLLEYVILLE, TX 76034 6405 PONDEROSA LN FRANKLIN, THOMAS C 6413 PONDEROSA LN COLLEYVILLE, TX 76034 6413 PONDEROSA LN GABLE, STEPHAN D 6412 KINGSTON COLLEYVILLE, TX 76034 6412 KINGSTON DR GARRETT, KENNETH 6517 KINGSTON COLLEYVILLE, TX 76034 6517 KINGSTON DR GLASS, THOMAS 6304 KINGSTON COLLEYVILLE, TX 76034 6304 KINGSTON DR HANZELKA, JOSEPH R 6508 KINGSTON COLLEYVILLE, TX 76034 6508 KINGSTON DR HILDRETH, BRADLEY E 6409 KINGSTON COLLEYVILLE, TX 76034 6409 KINGSTON DR INGRAM, BEVERLY 212 STRATFORD CT HURST, TX 76054 6409 COLLEYVILLE BLVD JOHNSON, WHITNEY 6401 PONDEROSA LN COLLEYVILLE, TX 76034 6401 PONDEROSA LN LACZNY, WILLIAM G 6408 KINGSTON COLLEYVILLE, TX 76034 6408 KINGSTON DR LORD, M'LINDA 6301 KINGSTON DR COLLEYVILLE, TX 76034 6301 KINGSTON DR MALONE, DERRICK L 6115 GARCIA LN FORT WORTH, TX 76140 6301 COLLEYVILLE BLVD MCCAIN, NORMA PO BOX 92185 SOUTHLAKE, TX 76092 1516 MCCAIN LN MOELLER, KARLA S 6501 PONDEROSA LN COLLEYVILLE, TX 76034 6501 PONDEROSA LN PHETTEPLACE, NATHAN 6404 KINGSTON COLLEYVILLE, TX 76034 6404 KINGSTON DR PULLEN, TIMOTHY B 6501 KINGSTON COLLEYVILLE, TX 76034 6501 KINGSTON DR REYNOLDS, DOUGLAS 6417 KINGSTON COLLEYVILLE, TX 76034 6417 KINGSTON DR RICHARDSON, BOBANNE 6409 PONDEROSA LN COLLEYVILLE, TX 76034 6409 PONDEROSA LN RICHFIELD PROPERTIES INC 2140 E SOUTHLAKE BLVD SUITE L-SOUTHLAKE, TX 76092 6407 COLLEYVILLE BLVD RYAN, GERALD CASEY 6509 PONDEROSA LN COLLEYVILLE, TX 76034 6509 PONDEROSA LN SANDERS, BAILEY 6305 KINGSTON COLLEYVILLE, TX 76034 6305 KINGSTON DR SHEARS, THOMAS T TR EST PO BOX 33349 FORT WORTH, TX 76162 6504 KINGSTON DR SIMS, REX A 6505 KINGSTON COLLEYVILLE, TX 76034 6505 KINGSTON DR SMITH, CHARLES L 6417 PONDEROSA LN COLLEYVILLE, TX 76034 6417 PONDEROSA LN SNEED, FRANK 6309 KINGSTON COLLEYVILLE, TX 76034 6309 KINGSTON DR THOMAS, MATHEW 6416 KINGSTON ST COLLEYVILLE, TX 76034 6416 KINGSTON DR TIERNEY, THOMAS A 1709 INDUSTRIAL BLVD COLLEYVILLE, TX 76034 1709 INDUSTRIAL BLVD TIERNEY, TOM 1709 INDUSTRIAL BLVD COLLEYVILLE, TX 76034 6400 COLLEYVILLE BLVD TONDRE, ZACHARY 6512 KINGSTON DR COLLEYVILLE, TX 76034 6512 KINGSTON DR TRES ROSAS LTD 6516 COLLEYVILLE BLVD COLLEYVILLE, TX 76034 6526 COLLEYVILLE BLVD WINDING CREEK VILLAGE LLC 1801 PRECINCT LINE RD STE A HURST, TX 76054 6420 COLLEYVILLE BLVD WINDING CREEK VILLAGE LLC 1801 PRECINCT LINE RD STE A HURST, TX 76054 6416 COLLEYVILLE BLVD WINDING CREEK VILLAGE LLC 1801 PRECINCT LINE RD STE A HURST, TX 76054 6424 COLLEYVILLE BLVD WINDING CREEK VILLAGE LLC 1801 PRECINCT LINE RD STE A HURST, TX 76054 6412 COLLEYVILLE BLVD WINDING CREEK VILLAGE LLC 1801 PRECINCT LINE RD STE A HURST, TX 76054 6408 COLLEYVILLE BLVD YARD ART P&F LTD 1223 CRESTSIDE DR STE 100 COPPELL, TX 75019 6407 COLLEYVILLE BLVD 6504 COLLEYVILLE BLVD MONTERRA ADDITION 6811 MILTON DR COLLEYVILLE, TX 76034 COURTESY NOTICE VILLAS AT OAK POINTE, THE 2555 SW GRAPEVINE PARKWAY, SUITE 300 GRAPEVINE, TX 76051 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED BROWN, STEPHEN 5801 TENNYSON PARKWAY, SUITE 150 PLANO, TX 75024 APPLICANT Public hearing notices were mailed on June 26, 2020 NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled a public hearings concerning the below referenced request on the following dates and location: Zoning Board of Adjustment Meeting: Tuesday, July 14, 2020 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Request for an Appeal concerning interpretation or administration of a regulation for certain provisions of Section 3.24.C, Schedule of Permitted Uses, specifically for Home Occupations Uses. The purpose is to appeal the administrative decision that private infant swimming lessons is not an approved home occupation which would allow for the use of a private residential pool as a home occupation to teach swimming lessons to infants. Zoning Case: VC20-002 Applicant: Paul Wieneskie Owner: Randy and Jennifer DeLaCruz Location: 417 Woodbriar Court Property Description: Lot 2R, Block 2, of the Woodbriar Estates Addition Present Zoning: R-20 Single Family Residential This notice has been sent as a courtesy to all owners of real property within 200 feet of the request as such ownership appears on the last approved City tax roll. Action by the Zoning Board of Adjustment serves as a final action on the request. The City Council cannot review or overturn decisions of the Board. The decisions of the Board can only be appealed to District Court. All interested persons are encouraged to attend the public hearing and express their opinions on the appeal 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 The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments-a-l/community-development/active-development-cases For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com From:Janis Lizardi To:Jackie Reyff Cc:Jennifer DeLaCruz Subject:Fwd: http://www.infantaquatics.com/ Date:Friday, July 3, 2020 4:34:03 PM Sent from my iPhone Begin forwarded message: From: Janis Lizardi Date: June 6, 2020 at 5:11:49 PM CDT To: CKelley@colleyville.com Cc: Jennifer DeLaCruz Subject: RE: http://www.infantaquatics.com/ Dear Chuck I have been a customer of Jennifer De La Cruz at http://www.infantaquatics.com/ for 3 years. I live in Colleyville and do not have a pool but frequently go to lakes. When my daughter was over 1 year old, she lost fear of water and jumped in the lake. No warning. I Immediately know I needed her to know how to survive if she fell in the water. Lakes and pools are dangerous as is but worse if the kid lacks the necessary swimming skills. My baby was too little and I did not feel comfortable or had the time to go to club classes and really needed the 1:1 attention at a reasonable cost and with someone caring. Also was looking for a pool that meet my needs as far as safety cleanliness and attention to detail. Jennifer was the answer. I know she had requested in the past to park in her parking area behind her house. This is very private. And also requested that we do not park in front of other homes. I could see she was being respectful to her neighbors. Her service is a necessity In Our community. It is not nearly a sport. She teaches a survival skill. I wish to continue to attend her classes and I hope that my City of Colleyville can consider her petition. Respectfully Janis Lizardi 4907 Queensbury Way E, Colleyvile 817-501-4723 P.S. several years ago in lake Granbury on a holiday weekend my husband went jet skiing and did not come back for hours. I was a little mad. When he returned he explained he was searching for a kid that was fishing and fell in the water. Days later the boy was found dead. He drowned. This should not happen to any kid and any parent. From:Niki Berry To:Jackie Reyff Subject:Support Letter for Infant Aquatics - Jennifer DeLaCruz Date:Friday, July 3, 2020 5:23:44 PM Hello Jacquelyn Reyff, I wanted to reach out to help support Infant Aquatics taught by Jennifer DeLaCruz. I am a Grapevine resident who first found out about Infant Aquatics through a friend whose children attended. I previously took my son as an infant to a larger swim school but was not impressed with the outcome. They relied on parents and flotation devices that did not leave me feeling like my child was any safer around water than before the classes. Seeing my friend's children swim independently and safely at a very young age was impressive, and I knew that was exactly what I wanted for my son and now also my daughter. It is such an important skill to be able to not only swim but know how to not drown in a pool. I can't even express how grateful I am to Jennifer for teaching my son that very skill. A skill that he wasn't learning at a traditional swim school. My son is now three, loves swimming, and is very safe and confident doing just that. My daughter just turned one while finishing her first lessons with Jennifer at the beginning of the summer. It is really amazing to see her quickly go into a float now when she's in the water without having someone or something to hold on to. Infant Aquatics is so important to my family, because we know our kids are so much safer than before lessons with Jennifer. The entire purpose of the business of Infant Aquatics is the safety of children. These lessons have the potential to save the lives of children and likely already have. That's a business worth keeping. Best regards, Niki Berry From:Ambreen Sohail khakwani To:Jackie Reyff Subject:Jennifer’s swim lessons Date:Friday, July 3, 2020 9:32:56 PM Sent from my iPhone Begin forwarded message: From: Ambreen Sohail khakwani Date: June 6, 2020 at 5:42:20 PM CDT To: CKelley@colleyville.com Subject: Jennifer’s swim lessons Hope you’re safe and navigating well through 2020!! I’m writing to you in support of Jennifer. I learnt of her through a friend and later enrolled my daughter who was 3 at that point for a 10-minute lesson(yeah, that’s the length of each class!!). My daughter had previously tried lessons as young as 6 months at Elmer and later at lifetime but nothing seemed to work for her and her fear of water just didn’t seem to disappear. Until we enrolled at Jennifer’s. 10 minutes seems like a joke where the entire time spent driving to and back is more but I can’t even begin to explain how I saw my girl love start to love water in just 3 days!! Jennifer loves what she does but of course that doesn’t matter. What matters is she’s good at it and delivers what is an important life skill. Let me also add the very trivial fact that a lot of businesses are operated from home. With the start of Covid, a lot of professionals were forced to work from home so why should a business be discriminated? If Colleyville has a code, then let’s go ahead and push out everyone operating from home. Until then, let’s not be unfair to a business which is operating very fairly and has never created any parking issues because she never NEVER overlaps clients. There is just no way she can do that anyways!! I understand rules and codes must be followed but it’s easier getting away with saying that’s how it’ll always be than making an actual change! Regards Ambreen Khakwani Sephora’s mom Sent from my iPhone From:Dana Noon To:Jackie Reyff Subject:Infant Aquatics Support Letter Date:Saturday, July 4, 2020 12:19:56 AM 12 years ago, We lived in a home with a pool when our first daughter was born. That summer three separate child drownings happened in our community, and after losing sleep… We sold our house in fear of the pool in our backyard while mourning for those families who had tragically lost their babies. Last summer, we looked at our three-year-old daughter and contemplated putting a pool but we knew there had to be a better option than typical swim schools. There had to be an option that would literally save a life… That is when we found infant aquatics! Our daughter walked in the first day in total fear of the water and ended a few weeks later being able to swim and float and swim while having the confidence to do this. We now own a pool that was in April, and have completed a refresher course for our four-year-old daughter Genevieve. After completing her refresh courses this summer, she is now more confident in the water and I am able to sleep better as a parent. The one on one attention that is provided during these lessons is priceless in building rapport and confidence. And at the end of this… My mama heart will know that we have done our very best to prepare our daughter and to continue to prepare her for the pool in our backyard. I ask you to please allow her to continue to help saving the lives of our most precious children… Equipping them with life-saving skills they need and deserve done in an environment that is welcoming and feels like home to a child. If you have any other questions I would be happy to answer them. My phone number is 817–658–7604. We currently drive in all the way from Roanoke and then we stay in Colleyville to eat lunch and run errands after a lesson... As I’m sure many of her clients do helping to support the town of Colleyville! Sent from my iPhone From:Brianna Salyer To:Jackie Reyff Subject:In Support of Jennifer DeLaCruz with Infant Aquatics Date:Saturday, July 4, 2020 7:33:07 AM Dear Ms. Reyff, I am writing this email in support of Jennifer DeLaCruz with Infant Aquatics. We are a family of 7 & all 5 of our children (ages 3-11) have taken swim lessons with Mrs. DeLaCruz for the last 10 years (our children begin taking lessons at 12 months & continue through 4-5 years of age). Prior to taking lessons with Jennifer, our oldest took swim lessons at our neighborhood swim pool & it paled in comparison to the instruction she received with Jennifer. Similarly, many of our friends’ & family’s children have taken traditional swim lessons at various pools in the area & many times it is ineffective in teaching their children to swim, but rather just serves to acclimate their children to water. Similar to many children in Texas, our children are around open water all summer long (& even at many other times of the year since pools are not winterized in this area) & I can not imagine our children not having these invaluable water safety skills in order to prevent potentially life threatening drowning from taking place. Our hope & prayer is that Jennifer DeLaCruz will be able to continue to provide her invaluable services to our community. Sincerely, Brianna Salyer (817) 513-5880 From:Lindsey Quinn To:Jackie Reyff Cc:Jennifer DeLaCruz Subject:Fwd: Infant Aquatics Swimming Lessons Date:Saturday, July 4, 2020 8:46:54 AM Lindsey Quinn Begin forwarded message: From: Lindsey Quinn Date: June 15, 2020 at 8:41:00 PM CDT To: CKelley@colleyville.com Subject: Infant Aquatics Swimming Lessons Dear Councilman Kelly, Both of my children have taken swimming lessons from Jennifer DeLaCruz at her home in Colleyville. My son is special needs with autism, sensory processing disorder and motor skill delays. He had previously taken private lessons and semi private lessons at the REC. It wasn’t until he got with Jennifer that everything clicked and he actually learned to swim. She incorporated information from his occupational therapist and it was amazing to see his transformation. She did in three weeks what others hadn’t in the past seven years. My infant daughter started with her at a year old and was able to safely make it across the pool all by herself. I have been an ER nurse for seventeen years and the worst part about every summer is the number of drowning cases we see. Mrs. DeLaCruz provides an invaluable service to our community. She is wonderful with the kids and parents. She teaches us techniques to help re- enforce the children’s skills as well. Please reconsider allowing her to continue to teach from her home. The safety of our community’s children definitely out weight the minor burden of extra cars parked in the driveway or street. Thank you for your consideration. Lindsey Quinn From:Allie Brown To:Jackie Reyff Subject:Fwd: Colleyville Infant Aquatics Date:Saturday, July 4, 2020 11:34:05 AM Sent from my iPhone Begin forwarded message: From: Allie Brown Date: June 2, 2020 at 2:31:53 PM MDT To: Ckelley@colleyville.com Dear Colleyvill City Council Member Chuck, I am a parent of two children (3 and 1 years old) and have been taking lessons with Jennifer DeLaCruz (Infant Aquatics) for a year now to teach my kids the swim float swim life saving technique. I have an inground pool on my property and am in need of these life saving lessons in order to prepare my children in the unfortunate event that they were to get outside and fall into the pool without my knowledge. My husband and I would greatly appreciate the Colleyville City Council take into consideration the many like us who depend on Jennifer and her imperative teaching skills for the many mid-cities residents who rely on her services. Not only does Jennifer teach in a quiet environment which is easy for my children to learn in (no distractions), but her pool is a salt water, heated pool that my kids thrive in because their eyes and skin don't have chemical irritation and they aren't cold in the early months of the year. It is always a quiet area and honestly the first time I drove to her house for a lesson, I had to make sure the house number was correct because her business sign was small and I didn't see any cars out front. It seemed like just another house on the block. Please keep Jennifer in business in her home! We don't know what we'd do without her. -- Allison Brown, PT, DPT 1 From: Michael Noyd Sent: Monday, July 6, 2020 8:00 AM To: Jackie Reyff Subject: Infant Aquatics (Jennifer DeLaCruz) ‐ Code Complaint Good morning Jacquelyn Reyff, My name is Michael Noyd and I am a parent to two of Jennifer's students at Infant Aquatics in Colleyville. My son, Charlie, will be turning four this month and is in his fourth year of lessons with Jennifer. My daughter, Kate, will be turning two this month and is in her second year of lessons. My son, Jack, is only two months old, and I hope he will be able to take lessons with her next summer. We do not live in Colleyville, but drive over from Fort Worth, Monday-Thursday, for our scheduled lessons for four to six weeks every summer. Water safety was a major concern for my wife, as it is a leading cause of death for toddlers, however there are only a few individuals who can offer the training and education that Jennifer can. Hence why we are more than willing to make the one hour round trip drive. If Jennifer is not able to teach lessons I am not sure what other alternative my family can make in teaching my children this important skill. Furthermore, by coming to her home in Colleyville, our economic footprint extends beyond her home. We buy gas, lunch and sometimes groceries at businesses in Colleyville as we are in the area regularly for these lessons. Beyond the life-saving skill that Jennifer is teaching young children, she is providing a great service to many residents in Colleyville. I hope that you consider allowing her to continue lessons from her home. From her home she is able to teach more students, allowing more children to learn this essential skill and causing more people to visit and shop in Colleyville. Please feel free to contact me if you have any follow-up questions or if I can be of further assistance. Infant Aquatics is so important to me and my family and we hope it can remain. Kind regards, Michael Noyd, CPA Date: D Ju�`t SPEAKER CARD I will speak In Support of this item. X, I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: V C 2 0 — 002 [r C- `� \1 W 06A lac C,t •, Name: Addres City: Co State:TY . Zip Code: 16034 Telephone Numberlk • s - 01s Representing: Saab (organizationlself) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA 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. SPEAKER CARD Date: I will speak in Support of this item. 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I do not wish to speak but please record my: ❑support ko pposition �LAgenda Item Number: C Name: _ :j CLOE t LL )\ rn aI- Address: //4/0- Wood 10 F G 2 C.YL City:_ /t p Code: %ii%3 Telephone Number:/% 1/02 % 1fyi4 Representing: (organization/self) I understand I am limited to speaking for five minutes. For business no ' ted on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance wi the axes Open A tings Law, Chapter 551 of the Texas Local Government Code. Signed: QiN 4 This information is a Public Record. SPEAKER CARD Date ort of this item. eak In Supp ort ❑opposition I will sp O osition to this item �supp I will speak In pp lease record my I� I do not wish to s eak but p Agenda Item Name: _� IAddress: _ Number: Zip Code: State, Representing: (organizationlself Telephone Number: eakingfor five minutes. ondin Public Hearing, the ZBA or SBA will not rasp I understand I am limited to s ends as Law Chapter 551 of the Texas Local Government Code. IFor en Meebn accordance with theTe listed on s Op e a . Record. Signed: Date: 2-1 X- Za 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: ;2 A Name: J FFF LL'I fe/,Q i Address: y/z We,60JLdA e 7-- City: �'QL L f L Ve c6 f State: L— Zip Code: 7coD 3 Telephone Number: 2/ %- y1 2- r/y2 Z Representing: r« F (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the Texas Open Meetingsj�aw, Chapter 551 of the Texas Local Government Code. Signed: This information is a public Record. SPE-CARD Date:— ort of this item. _ I will speak In SupP support opposition eak In Opposition to this item. I will sp eak but please record my _ 1 do not wish to s IAgenda Item Number: 3A Name: c Zip Code: Address: State:— 5 L GL L City: c Z Representing: (organizationlself) Telephone Number: _ �Z forfive minutes, respond the ZBA or SBA will not resp I understand I am limited to speaking a Public He aring, For business not listed on the Meetings La agenda as ter 551 of the Txas Local eGovernment Code. accordance with the Texas Open Signed: This info mation is a Public Record. SPEAKER CARD Date: will speak In Support of this item. I will speak In Opposition to this item. ❑support ❑opposition I do not wish to speak but please record my: Agenda Item ri CfL4a-2.. Name: Address: V Zip Code:,� 3� Cam! U 1 State: � �¢�� City: O p t C� a��,5 Representing' (organizationlseM Telephone Number: [l %� I understand 1 am limited to speaking for five minutes. the ZBA or SBA will not respond in I .�� Chapter 551 of the Texas Local Government Code. For business not listed on the agenda as a Public Hearing, accordance with the Texas Open eetm s Law, - Signed: is a Date: C--J U SPEAKER CARD P 4 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 I m Number: Name: Address: I )�71 1% City: J A V M � State: Zip Code: Telephone Number: Representing: (organizatio self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the Texas Open Meetinn a LLaa`� C^hapter551 of the Te as Local overnment Code. Signed:— �� 1 " �I-� 7 - _ information Record. SPEAKER CARD Date: JI will speak In Support of this item. k in Opposition to this item. I will spec ❑opposition I do not wish to speak, but please record my, []Support Agenda Item Number: Name: Addres^sn v�uc, v — In City: Iy l m ^ ' ad State: ML Zip Code.. i tV— 2) 4epresenting: 4�6 Telephone Number: 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respon in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: SPEAKER CARD U I will speak In Support of this item. I will speak In Opposition to this item. 1-do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name:) — Address: City: i' Ab rA State: Zip Code: Telephone Number: ) —�— -3 HV� Representing: (organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the Texas Open M etmgs Law, Chap r 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: I I I ca ao SPEAKER CARD —r I will speak In Support of this item. I will speak In Opposition to this item. 1-do not wish to speak, but please record my: ❑support ❑opposition Agenda item / Number: Name: sI itL 6-&Q 7—U. Address: L.dnn Led - City: State: Tx �Ijp �de: to o Telephone Number: — OLIIo Representing: In�fl (organization/self) I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the To s Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This inform—Mion is a Public Record. Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: Name: Address: �/7 �dYY�YLir State: _]�— Zip Code: �(9_ D'Ar Telephone Number: y�_Fs 7�-3�7�iRepresenting: (organization/self) l understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed:« p z �-/ " a Public Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda I"umber: -2a Name: Address: City: //�—�. ��/jr, State: Zip Code: Telephone Number � 7— .� Representing: ow, aniz/ation//s I understand I am limited to speaking for five u ." 544 Z For businot listed n the agenq'a as a Pu lic Hearing, the ZBA or SBA will not respond in cordanc6 wir the Te s Opo Mee1,,{tn96 La Cha ter 551 of the Texas Local Government Code. Signed: This information is a Date: U' SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: support ❑opposition Agenda Item Number: Name: ` 4Lk )CP S1 , P �� Address: I S6 u3 ^ c C j City: State: Zip Code: %Coc)5 / tt Telephone Number: al q (7�51 Z ( Representing:�� ( Lai a (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agendaasas a Public Hearing, the ZBA or SBA will not respond in accordance with Te Open MeonsLaw, Chapter 551 of the Texas Local Government Code. Signed: t�j'�_t�� is a Public Record.