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HomeMy WebLinkAboutCity Council-Agenda Packets-4/5/2022 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, April 5, 2022 WORKSESSION 6:15 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the April 5, 2022 City Council regular agenda items 1.EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of SH26 and John McCain Road Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING - 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dave Toney, Compass Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda April 5, 2022 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4713 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of April being Child Abuse Prevention Month - Mayor Richard Newton and Shellie Velasco, Chief Program Officer, Alliance for Children 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4714 4a Approval of the minutes of the regular City Council meeting of March 22, 2022 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-22-2195 Consideration of a Special Use Permit for a fence to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, Colleyville, located at 5412 Pleasant Run Road, Case ZC22-002 5b Ordinance O-22-2196 Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-004 5c Ordinance O-22-2197 Consideration of a Special Use Permit for a reduction in required parking on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-005 5d Ordinance O-22-2198 Consideration of a zoning change from R-MF Multi-Family Residential to PUD-R Planned Unit Development - Residential zoning district for Lots 1-47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of the Lakewood Estates, located at 1001-1029 Lakeridge Court, 4600-4613 Clearwater Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001-1013 Edgewater Court, and 4700-4808 Lakeshore Court, Case ZC22-008 City Council Agenda April 5, 2022 City of Colleyville Page 3 5e Ordinance O-22-2199 Consideration of a Special Use Permit for a fence to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC22-010 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a Ordinance O-22-2193 Consideration of a Special Use Permit for an accessory building to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC21-036 7. CITIZEN COMMENTS 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 5, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4715 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 1, 2022 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present 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 City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 4/5/2022 Type Worksession Department City Secretary Title Discussion of the April 5, 2022 City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 4/5/2022 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of SH26 and John McCain Road Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESOLUTION R-22-4713 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 5, 2022 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 5TH DAY OF APRIL 2022. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 4/5/2022 Type Announcements, Proclamations, and Presentations Department City Secretary Title Proclamation in recognition of April being Child Abuse Prevention Month - Mayor Richard Newton and Shellie Velasco, Chief Program Officer, Alliance for Children Attachments RESOLUTION R-22-4714 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 5, 2022 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council Meeting of March 22, 2022 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 5TH DAY OF APRIL 2022. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 22, 2022 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, March 22, 2022, at 6:00 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Assistant Police Chief Hillary Wreay, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, City Engineer Larry Wright, City Attorney Nicole Corr, and City Secretary Christine Loven. WS-1 Update on City trail and road projects City Engineer Larry Wright presented this item, which was an annual update of the City’s Five Year Capital Improvement Program (CIP). Engineer Wright reviewed the purpose and benefits of a CIP, and the funding for the 2022-2026 CIP. Included in the overall review of projects were the local street maintenance program, Bransford and Bedford trails, the Glade and Cheek-Sparger Road projects, and the Jackson Bridge project. Councilmember Kelley asked if there would be stop signs at Bluebonnet. Engineer Wright stated Glade Road would be a straight through, and there will be a stop sign on Bluebonnet. There was general discussion regarding the landscaping on Bluebonnet and the green ribbon grant for the south portion of SH26. City Manager Ducay also noted the Five Year CIP is a continually formulating plan and formally updated annually. WS-2 Discussion of the March 22, 2022, City Council regular agenda items Mayor Newton noted the applicant for item 6a on the agenda, a senior living development, has withdrawn the case. Mayor Newton then distributed his list of potential appointments to the boards, commissions, and committees on the agenda. There was no discussion. City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 2 Mayor Newton closed the Worksession at 6:22 p.m. and opened the Executive Session. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: The Heather Nicole Bowden Trust Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of SH26 and John McCain Road Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Newton adjourned Executive Session at 7:16 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:30 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura INVOCATION: Pastor Lanre Sobo, Glory House PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 3 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4704 There was no discussion of this item. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and the City Council made the following announcements: Sales Tax Continues Strong Run – The Texas Comptroller’s Office has posted the latest sales tax receipts for March, representing all receipts from purchases made in January of this year. The most recent collection came in at 17.4% over January of FY21, making for a total dollar gain of $411,000 through the fourth month of this fiscal year. This is the strongest January on record for the City. Beautification Efforts Continue Across the City – Parks staff are working across the City to get landscape beds ready for the spring bloom. The SH26 medians are alive with color as we see the beautiful flowers adorn the roadway. The Glade Road/Riverwalk roundabout will soon be completed with decorative artwork including a bridge with a stone creek that runs through it, statues of children fishing and playing, and a duck family walking along the creek. An array of landscape material will be used throughout the roundabout. Medians along Glade, Church, Hall-Johnson, and Riverwalk will be refreshed, and all City facilities will see a pop of color as landscaping is prepared for the season. Playground Coming to City Park Softball Area – Children will soon have a new play area within the City! A new community park addition including a softball themed playground, 40 ft. shade structure, and a softball themed surface is in the works for the softball complex at City Park. These improvements will be installed this spring and are part of the Parks, Recreation, and Open Space Master Plan. Kenny Phillips Chasing Federal Funds – On tonight’s agenda is a Resolution authorizing a grant application seeking funds for reimbursement of over-time expenses and enhancement of the City’s Emergency Operations Center at the PD. Kenny Phillips, Emergency Services Coordinator, has been extremely successful in obtaining grant funds in the past. This effort centers on pursuit of funding related to personnel costs during the recent hostage/terrorist event at Congregation Beth Israel. Kenny is seeking $38,470.41 in reimbursement under the Justice Assistance Grant Program. Additionally, Kenny is pursuing funding to upgrade the Police Department command center technology and equipment. He is pursuing $354,289.46 for that effort. City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 4 Clean Sweep Brings Community Together – On March 5, the City held its annual Clean Sweep event but these years had a couple of twists – a new location and new clean up feature. Nine organizations and over 80 volunteers cleaned up various locations around Colleyville, which included Sparger Park, the Nature Center, and Cotton Belt Trail. Junior Anglers/Arbor Day Event April 2 – Join us April 2 between 9 a.m. and noon for a great day of free fishing for the family at a freshly stocked pond in the Colleyville Nature Center. Prizes will be awarded for catches for children 16-and- under. Poles and bait will be available, if needed. No pre-registration required. Free trees and Arbor Day t-shirts are provided while supplies last. Behind the Barricades, Glade Road Project Update – a new episode of our project update show Behind the Barricades, was filmed last week. In this episode Public Works Director Ray Silva-Reyes and Assistant City Manager Mark Wood, discuss the Glade Road project including different phases, expectations for the upcoming months, and more. A link to the video is provided on the City’s web page and social media. Recognition of the Business of the Month - Playtri Colleyville, 7171 Colleyville Boulevard, Suite 108 - Chris Swanzy, owner - Mayor Richard Newton and Assistant City Manager Mark Wood Mayor Newton and Assistant City Manager Mark Wood welcomed Chris Swanzy, owner of Playtri Colleyville, located at 7171 Colleyville Boulevard, Suite 108, and recognized the organization as the Business of the Month. Presentation of anniversary police badge to the City Council - Police Chief Michael Miller Police Chief Miller presented the City Council with a 50th Anniversary Police Badge, sealed in acrylic recognizing the establishment of the department in 1972. Chief Miller stated forfeited asset funds, awarded to the department by the courts paid for the badges, no budgeted funds, and noted all officers are wearing the badge, which was designed by Assistant Police Chief Wreay. Chief Miller also noted the anniversary badge incorporates elements of a three previous badges utilized by the department. Proclamation in recognition of April 2, 2022 as Arbor Day in Colleyville - Mayor Richard Newton and Parks and Recreation Director Lisa Escobedo Mayor Newton recognized Parks and Recreation Director Lisa Escobedo and thanked her for all her work with the City-wide beautification, and parks and recreation programs. He then presented her with the proclamation recognizing April 2 as Arbor Day in Colleyville. This is the 24th year Colleyville has been a Tree City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 5 City USA. Mayor Newton commented that he was Mayor when Colleyville was first named Tree City USA and Rich Hendler was Parks Board Chairman. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4705 4a Approval of the minutes of the regular City Council meeting of March 2, 2022 4b Approval of a Construction Services Agreement with Stripe-A-Zone, Inc. for the FY 2022 Miscellaneous Pavement Marking Contract, in an amount not to exceed $150,000.00, and authorizing the City Manager to execute the agreement 4c Approval of a Construction Services Agreement with Texas Standard Construction, Ltd., for the Waste Water Project 5: Quails Path Project, in an amount not to exceed $533,111.02 and a contingency amount not to exceed $75,000.00, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-22-4705 in its entirety. City Engineer Larry Wright presented items 4b and 4c. Regarding item 4b, Councilmember Dodson asked staff if the City has utilized the contractor in the past and if their work was satisfactory. Engineer Wright stated the City has worked satisfactorily with this contractor and noted the City is utilizing an Interlocal Agreement with Grand Prairie to receive favorable pricing. Mayor Pro Tem Lindamood stated he agrees the pricing is favorable and understands the contractor is reputable. Regarding item 4c, Mayor Newton stated he and City Engineer Wright had a discussion earlier and noted the total amount not to exceed of $533,111.02 includes the $75,000 contingency and asked this be noted as an amendment in the motion to approve. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 8:01 p.m. Councilmember Dodson made a motion to approve Resolution R-22-4705, amending 4c to read an amount not to exceed $533,111.02, including a contingency amount not to exceed $75,000, seconded by Councilmember Kelley. The motion to approve carried by the following vote: City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 6 Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - February 2022 Finance Director Kyle Lester presented the February 2022 Financial Report. He noted through February, the General Fund has collected $19.1 million in revenue and spent 43%, or $10.9 million, of its budgeted expenditures. Sales tax continues to be a bright spot as well, with almost 14% growth over the previous year. Expenses are up from last year, primarily due to higher personnel costs, which was anticipated. The City received its fourth sales tax collection (for January – two months in arears) of the fiscal year, and it brought in a gain of 17.4% over January of last year, bringing the total YTD growth to 13.8% over FY21, and makes for a total dollar gain of over $400,000. Director Lester reviewed Utility Fund noting the monthly report shows the City's direct revenues have come in substantially lower than its expenses, due to an interfund transfer being processed during this month. Director Lester stated this comparison should even out over the next few months, however, because of this, all YTD surplus is made up from savings from the Trinity River Authority (TRA.) Director Lester completed the review of the Drainage Utility and Hotel Funds, and noted the City’s current debt service schedule provides for all bonded debt to be paid off by FY27. Mayor Newton noted all five year CIPs are funded in cash and the only bond the City has outstanding cannot be paid off because it is not callable, but we do have the cash to do so if we could. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2192 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development- Commercial district, specifically for a senior living facility, for Lots 1 and 2, Block A, Heritage Farms, located at 913 Cheek-Sparger Road and 3808 Wayne Drive, Case ZC21-037 City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 7 Mayor Newton stated the applicant has withdrawn this case. 6b Ordinance O-22-2194 Consideration of a zoning change from PUD-C Planned Unit Development- Commercial district to PUD-C Planned Unit Development-Commercial district, specifically for a restaurant with drive-in or drive-thru service, for Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC22-001 Mayor Newton read the caption of Ordinance O-22-2194. Community Development Director Ben Bryner presented this item to rezone from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development-Commercial district to allow for a 1,776 sf. drive-thru iced-tea shop. Director Bryner reviewed regulations in the proposed ordinance and reviewed the slightly enhanced building elevations, which were provided by the architect. City Manager Jerry Ducay suggested the outside picture be replaced with art, not a drink picture and noted the applicant has agreed to landscape around the monument sign. He said it would have to be in conformance to the City sign ordinance. Mayor Newton asked for clarification regarding the “unless otherwise permitted” language in 4. Termination of the PUD-C Overlay District, a. iii. which read, “the Business operates under any name other than HTeaO, unless otherwise permitted by this ordinance.” Following discussion, Mayor Newton and the City Council agreed the words unless otherwise permitted by this ordinance should be stricken from the ordinance. Applicant Brad Williamson, 13711 Alyssum Lane, Amarillo, came forward to answer questions of the City Council. There was discussion regarding the outdoor signage. It was determined the signage cannot be digital and must be static and non-changeable, and have exterior illumination. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 8:35 p.m. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-22- 2194 with the following amendments: add 2. Development of the Property c. Any wall sign shall as depicted in Exhibit “D”, will be static, exterior illuminated, and approved subject to the Sign Regulations of the Land Development Code, and strike unless otherwise permitted, from 4. Termination of the PUD-C Overlay District, a. iii, seconded by Councilmember Rigney. City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 8 The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a Ordinance O-22-2193 Consideration of a Special Use Permit for an accessory building to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC21-036 This item remained tabled. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4706 Consideration of a variance to the street side yard setback for Lot 25, Block H, Brook Meadows Addition, located at 4712 Meandering Way, Case VC22-002 Mayor Newton read Resolution R-22-4706 in its entirety. Community Development Director Ben Bryner stated the applicant is requesting a variance to allow for the addition of an elevator within the street side-yard setback and noted the existing R-20 zoning requires a minimum 30-foot setback. Applicant Paul Sugarman, 4712 Meadering Way, thanked the Mayor and City Council for hearing the request and advised he and his family has a physical need for the elevator. He stated all possibilities for the elevator location have been considered, and this is the only location where it will work. Mayor Newton agreed with Mr. Sugarman that he has considered all options. Mayor Newton stated he is always critical of variances, and will only agree when there are no other alternatives, and this is one of those cases. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 8:46 p.m. Councilmember Rigney made a motion to approve Resolution R-22-4706, seconded by Councilmember Wheat. The motion to approve carried by the following vote: City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 9 Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. 8b Resolution R-22-4707 Approval of a resolution accepting the annual audit for the Fiscal Year ended September 30, 2021 Mayor Newton read Resolution R-22-4707 in its entirety. Finance Director Kyle Lester stated the Audit Committee reviewed the annual audit at the March 2, 2022 meeting. He then introduced Jennifer Ripka, partner, Weaver and Tidwell, the City’s auditing firm who gave a high-level overview of the audit. Ms. Ripka stated the City received an unmodified audit opinion (Independent Auditor's Report), which is the most favorable audit opinion an entity can receive. Ms. Ripka noted there were no material weaknesses and no audit adjustments. Ms. Ripka thanked the City Council and stated Karen Hines, Kyle Lester, and their staff are good to work with and do a great job. The Mayor and City Council thanked Ms. Ripka for the good work and exceptional recap of the City’s financial status. Mayor Newton stated he agrees with Ms. Ripka regarding City staff, noting this is the highest level of recognition the City can earn and that does not happen without staff doing an excellent job. Councilmember Dodson stated he serves on the Audit Committee and wanted to express his appreciation for the thoroughness of the auditor. He stated the tables in the back of the audit; especially Table 11 is of value to citizen and encouraged everyone to take the time to review the audit. Mayor Pro Tem Lindamood stated the auditors and staff has made the audit easy to read and is online so everyone can see how every penny is spent. There was general discussion regarding the philosophy of the City Council to run the City like a small business, being able to meet the no new revenue tax for four consecutive years, the reduction of debt, and economic development director responsibilities being conducted by the City Manager and two Assistant City Managers. Mayor Newton stated there are no more highly qualified economic development directors than our staff. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 9:01 p.m. City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 10 Councilmember Kelley made a motion to approve Resolution R-22-4707, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. Mayor Newton declared a recess at 9:01 p.m. and reconvened at 9:05 p.m. 8c Resolution R-22-4708 A resolution authorizing the City Manager to apply for grant funds through the Office of the Governor and committing to providing applicable matching funds as necessary if grant is awarded Mayor Newton read Resolution R-22-4708 in its entirety. Fire Chief Mark Cantrell presented this item and advised the City Council the City's Emergency Management Coordinator, Kenny Phillips, has located a grant program through the Office of the Governor, which could potentially reimburse the City for overtime expenses incurred in response to the terroristic attack at Congregation Beth Israel on January 15, 2022. He stated additional grant funding might also be awarded for enhancements to the City's Emergency Operations Center. Chief Cantrell stated the funding would have to be spent by September 2022. City Manager Jerry Ducay stated Captain Phillips retired from the City, and now works on a contract part-time basis. Manager Ducay recognized the exceptional work and grant seeking Captain Phillips is continuing even in this part-time capacity. Mayor Pro Tem Lindamood stated City staff has been super aggressive in seeking grant opportunities, noting the City has already received over $8 million in funding. Mayor Pro Tem Lindamood thanked staff and Commissioner Fickes. Councilmember Dodson also noted if this grant is awarded, no City tax funds will have to be used. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 9:11 p.m. Councilmember Wheat made a motion to approve Resolution R-22-4708, seconded by Councilmember Rigney. The motion to approve passed by the following vote: City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 11 Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. 8d Resolution R-22-4709 Appointing members to the Colleyville Center Advisory Committee Mayor Newton read Resolution R-22-4709 in its entirety appointing Judith Goodwin, Lee Koch, Fred Mills, and Alex Thomas to the Colleyville Center Advisory Committee to a term expiring March 2024. There was no discussion. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 9:14 p.m. Councilmember Wheat made a motion to approve Resolution R-22-4709 as read, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. 8e Resolution R-22-4710 Appointing members to the Parks and Recreation Advisory Board Mayor Newton read Resolution R-22-4710 in its entirety appointing the following to the Parks and Recreation Advisory Board. Place 1 – Robert Scott, unexpired term to March 2023 and expiring terms to March 2024 for Place 2 - Jerome Davis, Place 4 – Dustan Goodell, Place 6 – James Poettcker, and Place 8 – Joseph Stout. There was no discussion. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 9:18 p.m. Councilmember Wheat made a motion to approve Resolution R-22-4710 as read, seconded by Councilmember Dodson. The motion to approve passed by the following vote: City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 12 Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. 8f Resolution R-22-4711 Consideration of an appointment to fill a vacancy on the Planning and Zoning Commission Mayor Newton read Resolution R-22-4711 appointing James Linn to Place 5 filling an unexpired term to November 2023, on the Planning and Zoning Commission. There was no discussion. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 9:19 p.m. Councilmember Kelley made a motion to approve Resolution R-22-4711 as read, seconded by Councilmember Rigney. The motion to approve passed by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura. 9. CITIZEN COMMENTS Brandi Elder, 3500 Cambridge Court, thanked the City Council for the service and achievements, shared an inspiring quote, and announced she is running for City Council, Place 1. 10. REPORTS Colleyville Center Advisory Committee Minutes - November 15, 2021 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MARCH 22, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4712 City Council Minutes - DRAFT March 22, 2022 City of Colleyville Page 13 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:23 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 5TH DAY OF APRIL 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 4/5/2022 Number Ordinance O-22-2195 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for a fence to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, Colleyville, located at 5412 Pleasant Run Road, Case ZC22-002 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation First Reading and Public Hearing Bruce Crandall, the applicant, has submitted a request for a Special Use Permit (SUP) for a wooden rail fence up to 52 inches in height to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, being approximately 0.89 acres, and zoned R-10 Single-Family Residential district. Existing Conditions/Background: The subject property, 5412 Pleasant Run Road, has R-10 zoning and is located on the west side of Pleasant Run Road and near the intersection of Church Street and Pleasant Run Road. The subject property has a single-family residence. SUP Request: The applicant is requesting approval of an SUP to allow for a wooden rail fence up to 52 inches in height within the front yard setback. The proposed fence is requested to be placed approximately six feet from the front 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 of fencing to be permitted by staff on a residential lot: “E. Fence and Free-Standing Wall Setback Requirement: 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall be located beyond the front façade of the primary residential structure. a. The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail City Council Agenda Briefing 5a City of Colleyville Page 2 construction, a combination thereof or other similar material approved by the City Building Official. All poured-in-place concrete and CMU shall contain an architectural finish." Regulation “1” above applies in this case requiring that no fence be allowed to extend into the required front yard, which is 30 feet per the R-10 zoning. The applicant proposes to locate a wooden rail fence up to 52 inches in height to encroach into the front yard setback approximately six feet from the front property line. The Land Development Code provides the opportunity to request an SUP to modify from the requirements. 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 a wooden rail fence up to 52 inches in height to be located within the front yard setback. It would be setback approximately six feet from the front property line. The lot area is approximately 38,877 square feet. Plat Status: The property is platted as Lot 1, Block 1, Brown Addition. DRC Review: The DRC met on February 21st and determined the case could be scheduled for the next available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the south and west are zoned R-10 and contain single-family residential development. The properties to the south are zoned PUD-R Planned Unit Development – Residential and contain single-family residential development. The properties to the east are zoned CC-1 Village retail and are improved with uses associated with First Baptist Colleyville. 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. Staff Recommendation: Staff recommends denial of the requested SUP as it does not meet the technical requirements of the Land Development Code. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their March 21, 2022 meeting by City Council Agenda Briefing 5a City of Colleyville Page 3 a vote of 4-0. Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Survey 5.Fence Plan 6.Fence Column Exhibit 7.5412 Pleasant Run - Front View 8.5412 Pleasant Run - North View 9.5412 Pleasant Run - South View 10.Fence Drawings 11.Neighboring Property Fence 1 12.Neighboring Property Fence 2 13.Fence Encroachment Agreement 14.Notification Map 15.Notification Letter 16.Notification List 17.Letter of Opposition 18.Ordinance O-22-2195 800 1005 815 5405 611 605 824 82 825 5513 612 700 613 804 80 5300 807 708 705 704 608 609 809 713 821 700 805 608 701 48 1004 5312 608 613 700 1007 816 1009 5405 612 813 5201 5703 1008 1008 715711 701 808 5412 609 812 5320 704 705 705 713 5505 5309 817 5201 712 5508 809 38 811 812 612 92 704 801 820 811 613 1003 813 5226 812 806 5609 5313 705 612 704 700 716 709 820 5310 613 5509 701 800 70 828 608 609 5217 709 5204 705 616 814 5701 1000701 90 805 76 816 800 5412 805 708 908 5301 804 5408 1002 804 813 102 808 805 809 53015201 801613 5300 713 803 817 607 800 701 803 616 801 909 714 5232 1001 802 702 717 5504 PLEASANT RUN ROADSOUTHDRIVECH U R C H S T R E E T COLLEYVILLE BOULEVARDH I D D E N O A K S C O U R T COLLEYVILLE TERRA CE FIEL D ST REE T HILLSID E ROAD EU DA LY DRIVE REGINA C OUR T THOMA S STREET C E N T R A L D R IV E 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. ZC22-002 K5412 Pleasant Run Road Subject Property 800 1005 815 5405 611 605 824 82 825 5513 612 700 613 804 80 5300 807 708 705 704 608 609 809 713 821 700 805 608 701 48 1004 5312 608 613 700 1007 816 1009 5405 612 813 5201 5703 1008 1008 715711 701 808 5412 609 812 5320 704 705 705 713 5505 5309 817 5201 712 5508 809 38 811 812 612 92 704 801 820 811 613 1003 813 5226 812 806 5609 5313 705 612 704 700 716 709 820 5310 613 5509701 800 70 828 608 609 5217 709 5204 705 616 814 5701 1000701 90 805 76 816 800 5412 805 708 908 5301 804 5408 1002 804 813 102 808 805 809 53015201 801613 5300 713 803 817 607 800 701 803 616 801 909 714 5232 1001 802 702 717 5504 PLEASANT RUN ROADSOUTHDRIVECH U R C H S T R E E T COLLEYVILLE BOULEVARDH I D D E N O A K S C O U R T COLLEYVILLE TERRA CE FIEL D ST REE T HILLSID E ROAD EU DA LY DRIVE REGINA C OUR T THOMA S STREET C E N T R A L DRIV E R-20 AG CC-1 CC-1 CPO R-10 R-10 R-10 PU D-C AG CNR-20 CC-1 PU D-R CN PU D-CRE AG R-20 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-002 K5412 Pleasant Run Road Subject Property 800 1005 815 5405 611 605 824 82 825 5513 612 700 613 804 80 5300 807 708 705 704 608 609 809 713 821 700 805 608 701 48 1004 5312 608 613 700 1007 816 1009 5405 612 813 5201 5703 1008 1008 715711 701 808 5412 609 812 5320 704 705 705 713 5505 5309 817 5201 712 5508 809 38 811 812 612 92 704 801 820 811 613 1003 813 5226 812 806 5609 5313 705 612 704 700 716 709 820 5310 613 5509 701 800 70 828 608 609 5217 709 5204 705 616 814 5701 1000701 90 805 76 816 800 5412 805 708 908 5301 804 5408 1002 804 813 102 808 805 809 53015201 801613 5300 713 803 817 607 800 701 803 616 801 909 714 5232 1001 802 702 717 5504 PLEASANT RUN ROADSOUTHDRIVECH U R C H S T R E E T COLLEYVILLE BOULEVARDH I D D E N O A K S C O U R T COLLEYVILLE TERRA CE FIEL D ST REE T HILLSID E ROAD EU DA LY DRIVE REGINA C OUR T THOMA S STREET C E N T R A L D R IV E 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. ZC22-002 K5412 Pleasant Run Road Subject Property Residential Colleyville Blvd Corridor Open Space; Parks 1 inch equals 10 feet´ Scaled Page Size: 24 x 36 0 4020 Feet Legend Existing Property BoundariesStreet ROW Dedication Caleb Tandy, ISA Certified Arborist (TX-3710A) Urban Forester, City of Colleyville Date: 2/22/2022 5412 Pleasant Run RdFence Column Exhibit 1 inch equals 10 feet´ Scaled Page Size: 24 x 36 0 4020 Feet Legend Existing Property BoundariesStreet ROW Dedication Caleb Tandy, ISA Certified Arborist (TX-3710A) Urban Forester, City of Colleyville Date: 2/22/2022 5412 Pleasant Run RdFence Column Exhibit '@ i :;E C"I~C -..::s~~'~;,b Q),...I _.'c....,...c'.<c.('j).rtr a.!Sj0'S»-..-c-c0Ic:..,3Q) "0 ;0c::::l ;:0Q. ...•r .(1)co ~~0. CASA LA NE PLEASANT RUN ROADSOUTHDRIVEHIDDENOAKSDRIVEV ER A N DA L AN E LA UR EL OA KS LANE COLLEYVILLE BOULEVARDPROFESSIONALCOURT COLLEYVILLE TERRA CE FIELD ST REE T HILLSID E ROAD EU DA LY DRIVE REGINA C OUR T H I D D E N O A K S C O U R T CH U R C H S T R E E T THOMA S STREET C E N T R A L D R IV E 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. ZC22-002 K5412 Pleasant Run Road Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 21, 2022 at 7:00 p.m. City Council Meetings: Tuesday, April 5, 2022 & Tuesday, April 19, 2022 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 encroach into the front yard setback. The purpose of the request is to allow for a wooden rail fence to encroach into the 30-foot required front yard setback and be approximately in line with adjacent fences. Zoning Case:ZC22-002 Applicant:Bruce Crandall Owner: Bruce Crandall Location:5412 Pleasant Run Road Property Description:Lot 1, Block 1, Brown Addition Colleyville Present Zoning:R-10 Single Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City MITZEL, CINDY 800 REGINA CT COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX KELLOGG FAMILY TRUST 824 REGINA CT COLLEYVILLE, TX HELM, ERIC 825 REGINA CT COLLEYVILLE, TX PICKENS, ROSEMARY 708 THOMAS ST COLLEYVILLE, TX HENIGSMITH, CECIL 705 THOMAS ST COLLEYVILLE, TX LAIBLY, CATHEY 704 EUDALY DR COLLEYVILLE, TX WELCH, DONALD 713 FIELD ST COLLEYVILLE, TX CARDINI, CHRISTOPHER 821 REGINA CT COLLEYVILLE, TX ROEMING, BRANTON F 805 THOMAS ST COLLEYVILLE, TX COLLEYVILLE HEIGHTS LLC PO BOX 1132 COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX LALA FAMILY TRUST 816 CENTRAL DR COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX KIM & DEBORAH SHELTON TRUST 813 REGINA CT COLLEYVILLE, TX MOORE, KAREN JEAN PO BOX 694 COLLEYVILLE, TX DS & RS PROPERTIES LLC 2421 ARBOR GATE LN COLLEYVILLE, TX KELLEY, CHARLES S 705 HILLSIDE RD COLLEYVILLE, TX WILLIAMSON, PENNY S 713 THOMAS ST COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX CHACKO, RAIBU 817 REGINA CT COLLEYVILLE, TX HOFFMAN ROBERT JAMES JR 5504 PLEASANT RUN RD COLLEYVILLE, TX TUMPAK, SCOTT 809 REGINA CT COLLEYVILLE, TX DUKE, JAMES 812 CENTURY DR COLLEYVILLE, TX MILLER, JEFFREY D 801 COLLEYVILLE TERR COLLEYVILLE, TX GARRETT, RUSSELL W 820 REGINA CT COLLEYVILLE, TX FIRST UNITED METH COLLEYVILLE 5601 PLEASANT RUN RD COLLEYVILLE, TX BARNES, MICHAEL 812 REGINA CT COLLEYVILLE, TX MOFFETT, JESSE 806 THOMAS ST COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX HASELTINE, MARILYN L 704 FIELD ST COLLEYVILLE, TX MISKO, SUSAN R 716 CENTRAL DR COLLEYVILLE, TX BRANDON, PHYLLIS M PO BOX 455 COLLEYVILLE, TX CLARKE PRODUCTS INC 820 CENTRAL DR COLLEYVILLE, TX HARRIS, FRANK H 5509 SOUTH DR COLLEYVILLE, TX GRIFFIN, TIMOTHY S 828 REGINA CT COLLEYVILLE, TX WILLIAMSON, LAWRENCE 709 THOMAS ST COLLEYVILLE, TX JOHNSTON, NICHOLAS 705 EUDALY DR COLLEYVILLE, TX MCDONALD, CEACY SAMANTHA 814 CENTRAL DR COLLEYVILLE, TX FIRST UNITED METH COLLEYVILLE 5601 PLEASANT RUN RD COLLEYVILLE, TX JENNINGS, ALLISON 905 COLLEYVILLE TERR COLLEYVILLE, TX BELL, MICHAEL W 816 REGINA CT COLLEYVILLE, TX MITCHELL, JEWELL O 800 THOMAS ST COLLEYVILLE, TX CRANDALL, BRUCE 5412 PLEASANT RUN RD COLLEYVILLE, TX LONG, MATTHEW 805 REGINA CT COLLEYVILLE, TX SHRESTHA, NEENA 804 THOMAS ST COLLEYVILLE, TX WARNER, RICHARD D 5408 SOUTH DR COLLEYVILLE, TX GREENBERG, MICHELLE 804 REGINA CT COLLEYVILLE, TX INGRAM, TERESA 808 REGINA CT COLLEYVILLE, TX FIRST UNITED METH COLLEYVILLE 5601 PLEASANT RUN RD COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX GRACIA, MACEDONIO 803 THOMAS ST COLLEYVILLE, TX FLUEGEL, KYLE 801 THOMAS ST COLLEYVILLE, TX REYNOLDS, GILES 714 CENTRAL DR COLLEYVILLE, TX FAZAL, JASIM 802 THOMAS ST COLLEYVILLE, TX KENNER, ASHLEY 717 FIELD ST COLLEYVILLE, TX HOFFMAN ROBERT JAMES JR 5504 PLEASANT RUN RD COLLEYVILLE, TX HIDDEN OAKS ESTATES COLLEYVILLE, TX LAUREL OAKS ESTATES 809 LAUREL OAKS LANE COLLEYVILLE, TX COLLEYVILLE HEIGHTS 816 REGINA COURT COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX From:Ben Bryner To:Jackie Reyff; Dakari Hill Subject:FW: Zoning change case #ZC22-002 on Pleasant Run Date:Wednesday, March 16, 2022 5:08:31 PM FYI…   From: Dee Kelley   Sent: Wednesday, March 16, 2022 12:13 PM To: Ben Bryner <BBryner@colleyville.com> Subject: Zoning change case #ZC22-002 on Pleasant Run Hello. I am an owner at 705 Hillside Rd. I received a zoning change request notification for property on Pleasant Run. I have looked at the property and the surrounding fences. I would be agreeable to a wood rail fence only to the heighth of the fence on the property to the north of this property. If it is any higher, I will be against it. Thank you, Dee Kelley Sent from Yahoo Mail on Android ORDINANCE O-22-2195 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.89 ACRES, ON LOT 1, BLOCK 1, BROWN ADDITION, LOCATED AT 5412 PLEASANT RUN ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR A FENCE TO ENCROACH INTO THE REQUIRED FRONT YARD SETBACK; 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 wooden rail fence up to 52 inches in height fence to encroach into the front yard setback for a lot under Case No. ZC21-007; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to 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 fence to encroach into the front yard setback for a lot on 0.89 acres, being Lot 1, Ordinance O-22-2195 Page 2 of 3 Block 1, Brown Addition, located at 5412 Pleasant Run Road, 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 a wooden rail fence up to 52 inches in height to encroach into the front yard setback being approximately a six foot setback from the front property line. b. It 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-22-2195 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of April 2022. The second reading and public hearing being conducted on the 19th day of April 2022. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 19TH DAY OF APRIL 2022. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 4/5/2022 Number Ordinance O-22-2196 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-004 Strategic Plan 4.2 Encourage compatible commercial growth Explanation First Reading and Public Hearing Joe Murphy, representing Zafiros Mexican Grill y Cantina Restaurant, has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on- premise consumption at 5204 Colleyville Boulevard. Alcoholic beverage sales for on- premise consumption are allowed in the PUD-C Planned Unit Development - Commercial district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned PUD-C and generally located on the west side of Colleyville Boulevard, at the intersection of Colleyville Boulevard and Mission Lane. The subject property is a platted lot and is currently developed with a commercial building. The proposed location of the restaurant was previously occupied by a doctor’s office. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow alcoholic beverage sales for on-premise consumption in conjunction with a new restaurant at this location. The applicant is requesting to sell and serve alcohol as part of the Zafiros Mexican Grill y Cantina menu. The applicant proposes the following hours of operation as a component of the SUP request: Sunday - Thursday: 11 a.m. to 9 p.m. Friday and Saturday: 11 a.m. to 10 p.m. Ordinance – There are four components of procedure that a business must complete to sell and serve alcohol for on-premises consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption); (2) submission of draft Texas Alcoholic Beverage Commission (TABC) City Council Agenda Briefing 5b City of Colleyville Page 2 License paperwork to the City Secretary’s Office for review and approval; (3) submission of completed TABC License paperwork to the TABC; and (4) the issuance of an Alcoholic Beverage License through the City Secretary’s Office. -Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” Language is typically added for SUP's to automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. -Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. -Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol sales must be incidental and secondary to the sale of food for human consumption (further clarified in the Code as non-alcohol and food sales must comprise at least 40 percent of gross receipts). Analysis: The requested location is in compliance with the distance requirements of the Code of Ordinances, and the applicant is proposing to comply with the 40/60 incidental sales requirements as stated above. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Plat Status: The property is a platted property Lot 1, Block 1, Village Front Door Addition. DRC Review: The DRC reviewed the request during their February 21, 2022 meeting, provided the following comments, and scheduled the case for the March 21, 2022 Planning and Zoning Commission: 1) Please provide your hours of operation. On February 22, 2022, the hours of operation were provided to staff. Drainage: NA Surrounding Development: The property to the north is zoned PUD-C Planned Unit Development – Commercial and improved with healthcare and condominium uses. The property to the south is zoned CC-1 Shopping Center and is improved with multi- tenant commercial. The property to the west is zoned PUD-C Planned Unit Development - Commercial and is improved with mixed uses of office and retail. The property to the east is zoned CC-1 Shopping Center and has been improved as City Council Agenda Briefing 5b City of Colleyville Page 3 Colleyville Fire Station 1. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property as part of the “Colleyville Boulevard Corridor” and located within a Sales Tax Preferred Intersection. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends approval of the SUP to authorize the sale of alcoholic beverages for on-premises consumption for Zafiros Mexican Grill y Cantina at 5204 Colleyville Boulevard. The proposed business should not adversely affect surrounding uses. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their March 21, 2022 meeting by a vote of 5-0. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Survey 5.Site, Paving, and Dimensional Control Plan 6.Zafiros - New Conceptual Design 7.Conceptual Design 8.Project Schedule 9.Notification Map 10.Notification Letter 11.Notification List 12.Ordinance O-22-2196 800 50 815 5405 5109 5113 88 5025 16 5013 51 17 5300 81 85 51 5012 5108 14 51 821 5209 5150 5016 77 48 35 5312 816 5101 41 30 813 5105 5000 5201 5320 79 13 5311 5303 5115 5117 5100 5100 84 5201 5309 817 5017 5307 809 38 1116 5109 18 5021 88 820 53 26 5104 5017 1105 62 5226 812 1105 5309 5413 5313 1116 5113 820 5310 70 88 5217 5204 1105 1104 1104 814 5121 1100 5101 13 5401 816 805 35 85 3450 5301 5113 37 11085104 1108 5108 804 1109 1108 1100 1109 813 33 808 5200 1104 5301 1221 5025 5300 5500 1105 1104 817 1100 1201 11045232 77 85 33 52 6060 54 40 4446 50 48 42 5112COLLEYVILLE BOULEVARDVILLAGELANEMAIN S TREETPLEASANT RUN ROADPIAZZA L ANE OAK TIMBERS COURTCASA LANE V ER A N DA L ANE GUA DA LUPE COURT NUECES COURT PROFESSIONALCOURT M IS S I O N LANEREGINA C OUR T C ENTR A L DRIV E THOMPSONTERRACEAerial 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. ZC22-004 K5204 Colleyville Boulevard Subject Property 800 50 815 5405 5109 5113 88 5025 16 5013 51 17 5300 81 85 51 5012 5108 14 51 821 5209 5150 5016 77 48 35 5312 816 5101 41 30 813 5105 5000 5201 5320 79 13 5311 5303 5115 5117 5100 5100 84 5201 5309 817 5017 5307 809 38 1116 5109 18 5021 88 820 53 26 5104 5017 1105 62 5226 812 1105 5309 5413 5313 1116 5113 820 5310 70 88 5217 5204 1105 1104 1104 814 5121 1100 5101 13 5401 816 805 35 85 3450 5301 5113 37 11085104 1108 5108 804 1109 1108 1100 1109 813 33 808 5200 1104 5301 1221 5025 5300 5500 1105 1104 817 1100 1201 11045232 77 85 33 52 6060 54 40 4446 50 48 42 5112COLLEYVILLE BOULEVARDVILLAGELANEMAIN S TREETPLEASANT RUN ROADPIAZZA L ANE OAK TIMBERS COURTCASA LANE V ER A N DA L ANE GUA DA LUPE COURT NUECES COURT PROFESSIONALCOURT M IS S I O N LANEREGINA C OUR T CENTRA L DRIV E THOMPSONTERRACECC-1 CC-1 CPO AG PU D-C AG CN R-20 CC-1 PU D-R PU D-R CN PU D-C CN R-20 CC-2 RE PU D-C CC-1 AG PU D-C 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. ZC22-004 K5204 Colleyville Boulevard Subject Property 800 50 815 5405 5109 5113 88 5025 16 5013 51 17 5300 81 85 51 5012 5108 14 51 821 5209 5150 5016 77 48 35 5312 816 5101 41 30 813 5105 5000 5201 5320 79 13 5311 5303 5115 5117 5100 5100 84 5201 5309 817 5017 5307 809 38 1116 5109 18 5021 88 820 53 26 5104 5017 1105 62 5226 812 1105 5309 5413 5313 1116 5113 820 5310 70 88 5217 5204 1105 1104 1104 814 5121 1100 5101 13 5401 816 805 35 85 3450 5301 5113 37 11085104 1108 5108 804 1109 1108 1100 1109 813 33 808 5200 1104 5301 1221 5025 5300 5500 1105 1104 817 1100 1201 11045232 77 85 33 52 6060 54 40 4446 50 48 42 5112COLLEYVILLE BOULEVARDVILLAGELANEMAIN S TREETPLEASANT RUN ROADPIAZZA L ANE OAK TIMBERS COURTCASA LANE V ER A N DA L ANE GUA DA LUPE COURT NUECES COURT PROFESSIONALCOURT M IS S I O N LANEREGINA C OUR T C ENTR A L DRIV E THOMPSONTERRACEFuture 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. ZC22-004 K5204 Colleyville Boulevard Subject Property Residential Colleyville Blvd Corridor SCHEMATIC DESIGN Zafiros 01 OVERALL CONCEPT Ideas and inspirational images 2022 Jan Feb Mar Launch Jan 5 SD01 Jan 19 City Pre Dev Jan 24 SD02 Jan 26 SD03 Feb 2 DD Feb 9 CD01 Feb 16 CD02 Feb 23 CD03 Mar 4 In for Permit Feb 28 Record Model Jan 14 Final EQ Feb 14 Construction Start Mar 27 Jan 5 - Jan 182 weeksDue Diligence Jan 10 - Jan 303 weeksSchematic phase Jan 24 - Feb 62 weeksDesign Development Feb 7 - Feb 273 weeksContract Document Phase Feb 28 - Mar 31 4.6 weeksPermitting Jan 24 - Feb 133 weeksKitchen Equipment Feb 14 - Feb 272 weeksMEP Design The timeline can fluctuate depending on your team’s availability and the requirements from the AHJ. Los Zafiros PLEASANT RUN ROADCOLLEYVILLE BOULEVARDCASA LA NE PIAZZA L ANE MAIN S TRE ETSOUTH DRIVEVILLAGELANEMAINS T R E E T TERRA COT TA WAY OAK TIMBERS COURTCHURCHSTREET SABINE COURT NUECES COURT V ER A N DA L AN E FIEL D ST REE T EU DA LY DRIVE M ISSIO N LANEREGINA C OUR T THOMA S STREET THOMPSONTERRACEC E N T R A L DR IV E 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. ZC22-004 K5204 Colleyville Boulevard Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 21, 2022 at 7:00 p.m. City Council Meetings: Tuesday, April 5, 2022 & Tuesday, April 19, 2022 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for Alcoholic Beverage Sales for On-Premise Consumption. The purpose is to allow for the on-premise consumption of alcohol for a new restaurant business, Los Zafiros. Zoning Case:ZC22-004 Applicant:Joe Murphy Owner: DDK Real Estate Investments LLC Location:5204 Colleyville Boulevard Property Description:Lot 1, Block 1, Village Front Door Addition Present Zoning:PUD-C Planned Unit Development-Commercial This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX HAMM, DAVID A 6109 EQUESTRIAN CT COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX BOES, MARK 67761 S 311 WAY WAGONER, OK SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX REDEEMED CHRISTIAN CHURCH OF G PO BOX 391 COLLEYVILLE, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX HART, KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE, TX VILLAGE MONTICELLO PRTNS LTD 1024 S GREENVILLE AVE STE 230 ALLEN, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX GIFFORD, T 33 MAIN ST #260 COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX BAJRAM & RUZDI INVESTMENTS LLC 4701 MILL CREEK RD COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX ROGERS, J ANDREW 201 MAIN ST STE 2500 FORT WORTH, TX SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX KIPTON ANDERSON INVESTMENTS LL 5303 COLLEYVILLE BLVD STE B COLLEYVILLE, TX GIBSON, NORMAN C EST 113 TIMBERLINE DR S COLLEYVILLE, TX GIBSON, NORMAN C EST 113 TIMBERLINE DR S COLLEYVILLE, TX SUNDER HOLDINGS LLC 11464 HARRY HINES BLVD DALLAS, TX FEGAN, DENNIS JOHN 1303 BELLEFONTE LN COLLEYVILLE, TX SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX NOVAK, RICHARD 5109 OAK TIMBERS CT COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX SWIGART, CAROL 5104 OAK TIMBERS CT COLLEYVILLE, TX D & V WALKER PROPERTIES LLC 5501 NORMANDY DR COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX DDK REAL ESTATE INV LLC 229 ODESSA DR HASLET, TX JRSR PROPERTIES LLC 5303 COLLEYVILLE BLVD STE A COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX AMDE VENTURES LLC 116247 S LOUISVILLE AVE TULSA, OK SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX ATWOOD, STEVE 34 PIAZZA LN # 37 COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX BARNARD PARTNERS XIII LTD PO BOX 127 COLLEYVILLE, TX LAPOSTA, MATTHEW 5113 OAK TIMBERS CT COLLEYVILLE, TX NORTH, MARK 5108 OAK TIMBERS CT COLLEYVILLE, TX FARRAR, NANCY KAREN 33 MAIN ST STE 200 COLLEYVILLE, TX BEAM REAL ESTATE LLC 14455 WEBB CHAPEL RD FARMERS BRANCH, TX HART, KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX BARNARD PARTNERS XVIII LTD PO BOX 127 COLLEYVILLE, TX COLLEYVILLE LOFTS VENTURE LLC 5065 MINNOW LN CUMMING, GA AMDE VENTURES LLC 116247 S LOUISVILLE AVE TULSA, OK WADLEY FAMILY HOLDING INC 33 MAIN ST 160 COLLEYVILLE, TX BROWN FABIO, RITA 33 MAIN #220 COLLEYVILLE, TX TMAAC LLC 4109 BROWN TRL COLLEYVILLE, TX REED, JANET LEE 33 MAIN ST UNIT 250 COLLEYVILLE, TX PILGRIM, DEBBIE K 33 MAIN ST # 240 COLLEYVILLE, TX ISBELL, STEVE E 5112 OAK TIMBERS CT COLLEYVILLE, TX RIVERWALK AT COLLEYVILLE P.O. BOX 1031 COLLEYVILLE, TX COLLEYVILLE HEIGHTS 816 REGINA COURT COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX ORDINANCE O-22-2196 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.86 ACRES, BEING LOT 1, BLOCK 1, OF THE VILLAGE FRONT DOOR ADDITION, LOCATED AT 5204 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION FOR THE BUSINESS KNOWN AS ZAFIROS MEXICAN GRILL Y CANTINA; 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 the Sale of Alcoholic Beverages for On-Premise Consumption for the business known as Zafiros Mexican Grill y Cantina, Case No. ZC22-004; 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 the Sale of alcoholic Beverages for On-Premise Consumption on 0.86 acres, being Ordinance O-22-2196 Page 2 of 3 Lot 1, Block 1, of the Village Front Door Addition, located at 5204 Colleyville Boulevard, for the business known as Zafiros Mexican Grill y Cantina, 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 sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise consumption by this Special Use Permit shall be called “Zafiros Mexican Grill y Cantina”. c. The hours of operation shall be as follows: Sunday – Thursday 11:00 AM – 9:00 PM Friday – Saturday 11:00 AM – 10:00 PM d. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy. e. 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. Ordinance O-22-2196 Page 3 of 3 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of April 2022. The second reading and public hearing being conducted on the 19th day of April 2022. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 19TH DAY OF April 2022. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5c Agenda Date 4/5/2022 Number Ordinance O-22-2197 Type Ordinance Department Planning and Zoning Commission Title Consideration of a Special Use Permit for a reduction in required parking on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22- 005 Strategic Plan 4.2 Encourage compatible commercial growth Explanation First Reading and Public Hearing Joe Murphy, representing Zafiros Mexican Grill y Cantina, has submitted a request for a Special Use Permit (SUP) to allow for a reduction in parking at 5402 Colleyville Boulevard. A reduction in parking is allowed in the PUD-C Planned Unit Development – Commercial zoning district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned PUD-C and generally located on the west side of Colleyville Boulevard, at the intersection of Colleyville Boulevard and Mission Lane. The subject property is a platted lot and is currently developed with a commercial building. The proposed location of the restaurant was previously occupied by a doctor’s office. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow for a reduction in parking at this location for restaurant use. Ordinance – Land Development Code, Chapter 3, Section 3.29 Parking Requirements I. Supplemental Parking Space Requirements: "5. A reduction may be authorized after approval of a Special Use Permit by the City Council when associated with new development or a significant change in use of an existing building or site. A parking analysis report justifying the reduction shall be provided as part of the request for parking reduction." Analysis: The applicant is requesting an SUP for a reduction in parking for restaurant use. The parking ratio for a restaurant is one space per 100 SF (6,909 SF), or 69 required spaces. Currently, the provided parking for Zafiros Mexican Grill y Cantina is 41 spaces. There will be 193 seats inside the restaurant, which makes it an A2 City Council Agenda Briefing 5c City of Colleyville Page 2 Occupancy. The occupant load is determined by architectural plans, which are submitted at the time of applying for the building permit. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. The property is adjacent to the Village which has public parking, both on-street and within public parking lots. DRC Review: The DRC reviewed the request during the February 21, 2022 meeting provided the following comments and scheduled the case for the March 21, 2022 Planning and Zoning Commission: 1) Please provide your hours of operation. On February 22, 2022, the hours of operation were provided to staff. Drainage: NA Surrounding Development: The property to the north is zoned PUD-C Planned Unit Development – Residential and improved with healthcare and condominium uses. The property to the south is zoned CC-1 Shopping Center and is improved with multi- tenant commercial. The property to the west is zoned PUD-C Planned Unit Development - Commercial and is improved with mixed uses of office and retail. The property to the east is zoned CC-1 Shopping Center and is improved as Colleyville Fire Station 1. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property as “Colleyville Boulevard Corridor” and located within a Sales Tax Preferred Intersection. The City Council reaffirmed the desire for this property to have sales tax generating uses in 2021. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff is neutral on this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their March 21, 2022 meeting by a vote of 5-0. Financial Impact There is no financial impact to the City. Recommendation None City Council Agenda Briefing 5c City of Colleyville Page 3 Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Survey 5.Site, Paving, and Dimensional Control Plan 6.Project Schedule 7.Notification Map 8.Notification Letter 9.Notification List 10.Ordinance O-22-2197 800 50 815 5405 5109 5113 88 5025 16 5013 51 17 5300 81 85 51 5012 5108 14 51 821 5209 5150 5016 77 48 35 5312 816 5101 41 30 813 5105 5000 5201 5320 79 13 5311 5303 5115 5117 5100 5100 84 5201 5309 817 5017 5307 809 38 1116 5109 18 5021 88 820 53 26 5104 5017 1105 62 5226 812 1105 5309 5413 5313 1116 5113 820 5310 70 88 5217 5204 1105 1104 1104 814 5121 1100 5101 13 5401 816 805 35 85 3450 5301 5113 37 11085104 1108 5108 804 1109 1108 1100 1109 813 33 808 5200 1104 5301 1221 5025 5300 5500 1105 1104 817 1100 1201 11045232 77 85 33 52 6060 54 40 4446 50 48 42 5112COLLEYVILLE BOULEVARDVILLAGELANEMAIN S TREETPLEASANT RUN ROADPIAZZA L ANE OAK TIMBERS COURTCASA LANE V ER A N DA L ANE GUA DA LUPE COURT NUECES COURT PROFESSIONALCOURT M IS S I O N LANEREGINA C OUR T C ENTR A L DRIV E THOMPSONTERRACEAerial 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. ZC22-005 K5204 Colleyville Boulevard Subject Property 800 50 815 5405 5109 5113 88 5025 16 5013 51 17 5300 81 85 51 5012 5108 14 51 821 5209 5150 5016 77 48 35 5312 816 5101 41 30 813 5105 5000 5201 5320 79 13 5311 5303 5115 5117 5100 5100 84 5201 5309 817 5017 5307 809 38 1116 5109 18 5021 88 820 53 26 5104 5017 1105 62 5226 812 1105 5309 5413 5313 1116 5113 820 5310 70 88 5217 5204 1105 1104 1104 814 5121 1100 5101 13 5401 816 805 35 85 3450 5301 5113 37 11085104 1108 5108 804 1109 1108 1100 1109 813 33 808 5200 1104 5301 1221 5025 5300 5500 1105 1104 817 1100 1201 11045232 77 85 33 52 6060 54 40 4446 50 48 42 5112COLLEYVILLE BOULEVARDVILLAGELANEMAIN S TREETPLEASANT RUN ROADPIAZZA L ANE OAK TIMBERS COURTCASA LANE V ER A N DA L ANE GUA DA LUPE COURT NUECES COURT PROFESSIONALCOURT M IS S I O N LANEREGINA C OUR T CENTRA L DRIV E THOMPSONTERRACECC-1 CC-1 CPO AG PU D-C AG CN R-20 CC-1 PU D-R PU D-R CN PU D-C CN R-20 CC-2 RE PU D-C CC-1 AG PU D-C 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. ZC22-005 K5204 Colleyville Boulevard Subject Property 800 50 815 5405 5109 5113 88 5025 16 5013 51 17 5300 81 85 51 5012 5108 14 51 821 5209 5150 5016 77 48 35 5312 816 5101 41 30 813 5105 5000 5201 5320 79 13 5311 5303 5115 5117 5100 5100 84 5201 5309 817 5017 5307 809 38 1116 5109 18 5021 88 820 53 26 5104 5017 1105 62 5226 812 1105 5309 5413 5313 1116 5113 820 5310 70 88 5217 5204 1105 1104 1104 814 5121 1100 5101 13 5401 816 805 35 85 3450 5301 5113 37 11085104 1108 5108 804 1109 1108 1100 1109 813 33 808 5200 1104 5301 1221 5025 5300 5500 1105 1104 817 1100 1201 11045232 77 85 33 52 6060 54 40 4446 50 48 42 5112COLLEYVILLE BOULEVARDVILLAGELANEMAIN S TREETPLEASANT RUN ROADPIAZZA L ANE OAK TIMBERS COURTCASA LANE V ER A N DA L ANE GUA DA LUPE COURT NUECES COURT PROFESSIONALCOURT M IS S I O N LANEREGINA C OUR T C ENTR A L DRIV E THOMPSONTERRACEFuture 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. ZC22-005 K5204 Colleyville Boulevard Subject Property Residential Colleyville Blvd Corridor 2022 Jan Feb Mar Launch Jan 5 SD01 Jan 19 City Pre Dev Jan 24 SD02 Jan 26 SD03 Feb 2 DD Feb 9 CD01 Feb 16 CD02 Feb 23 CD03 Mar 4 In for Permit Feb 28 Record Model Jan 14 Final EQ Feb 14 Construction Start Mar 27 Jan 5 - Jan 182 weeksDue Diligence Jan 10 - Jan 303 weeksSchematic phase Jan 24 - Feb 62 weeksDesign Development Feb 7 - Feb 273 weeksContract Document Phase Feb 28 - Mar 31 4.6 weeksPermitting Jan 24 - Feb 133 weeksKitchen Equipment Feb 14 - Feb 272 weeksMEP Design The timeline can fluctuate depending on your team’s availability and the requirements from the AHJ. Los Zafiros PLEASANT RUN ROADCOLLEYVILLE BOULEVARDCASA LA NE PIAZZA L ANE MAIN S TRE ETSOUTH DRIVEVILLAGELANEMAINS T R E E T TERRA COT TA WAY OAK TIMBERS COURTCHURCHSTREET SABINE COURT NUECES COURT V ER A N DA L AN E FIEL D ST REE T EU DA LY DRIVE M ISSIO N LANEREGINA C OUR T THOMA S STREET THOMPSONTERRACEC E N T R A L DR IV E 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. ZC22-005 K5204 Colleyville Boulevard Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 21, 2022 at 7:00 p.m. City Council Meetings: Tuesday, April 5, 2022 & Tuesday, April 19, 2022 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for a reduction in parking. The purpose is to allow a new restaurant business, Los Zafiros, to operate with less than the required amount of parking per the Land Development Code for a restaurant. The property is adjacent to The Village which has public parking, both on-street and within public parking lots. Zoning Case:ZC22-005 Applicant:Joe Murphy Owner: DDK Real Estate Investments LLC Location:5204 Colleyville Boulevard Property Description:Lot 1, Block 1, Village Front Door Addition Present Zoning:PUD-C Planned Unit Development-Commercial This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX HAMM, DAVID A 6109 EQUESTRIAN CT COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX BOES, MARK 67761 S 311 WAY WAGONER, OK SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX REDEEMED CHRISTIAN CHURCH OF G PO BOX 391 COLLEYVILLE, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX HART, KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE, TX VILLAGE MONTICELLO PRTNS LTD 1024 S GREENVILLE AVE STE 230 ALLEN, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX GIFFORD, T 33 MAIN ST #260 COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX BAJRAM & RUZDI INVESTMENTS LLC 4701 MILL CREEK RD COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX ROGERS, J ANDREW 201 MAIN ST STE 2500 FORT WORTH, TX SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX KIPTON ANDERSON INVESTMENTS LL 5303 COLLEYVILLE BLVD STE B COLLEYVILLE, TX GIBSON, NORMAN C EST 113 TIMBERLINE DR S COLLEYVILLE, TX GIBSON, NORMAN C EST 113 TIMBERLINE DR S COLLEYVILLE, TX SUNDER HOLDINGS LLC 11464 HARRY HINES BLVD DALLAS, TX FEGAN, DENNIS JOHN 1303 BELLEFONTE LN COLLEYVILLE, TX SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX TAP REALTY LLC 23 MISSION LN COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX NOVAK, RICHARD 5109 OAK TIMBERS CT COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX SWIGART, CAROL 5104 OAK TIMBERS CT COLLEYVILLE, TX D & V WALKER PROPERTIES LLC 5501 NORMANDY DR COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX VILLAGE OWNERS ASSOCIATION INC PO BOX 650255 DALLAS, TX DDK REAL ESTATE INV LLC 229 ODESSA DR HASLET, TX JRSR PROPERTIES LLC 5303 COLLEYVILLE BLVD STE A COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX AMDE VENTURES LLC 116247 S LOUISVILLE AVE TULSA, OK SC VILLAGE MAIN STREET LLC 500 E 4TH ST STE 175 FORT WORTH, TX ATWOOD, STEVE 34 PIAZZA LN # 37 COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX BARNARD PARTNERS XIII LTD PO BOX 127 COLLEYVILLE, TX LAPOSTA, MATTHEW 5113 OAK TIMBERS CT COLLEYVILLE, TX NORTH, MARK 5108 OAK TIMBERS CT COLLEYVILLE, TX FARRAR, NANCY KAREN 33 MAIN ST STE 200 COLLEYVILLE, TX BEAM REAL ESTATE LLC 14455 WEBB CHAPEL RD FARMERS BRANCH, TX HART, KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE, TX HESLAND LLC 26 MAIN ST COLLEYVILLE, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX BARNARD PARTNERS XVIII LTD PO BOX 127 COLLEYVILLE, TX COLLEYVILLE LOFTS VENTURE LLC 5065 MINNOW LN CUMMING, GA AMDE VENTURES LLC 116247 S LOUISVILLE AVE TULSA, OK WADLEY FAMILY HOLDING INC 33 MAIN ST 160 COLLEYVILLE, TX BROWN FABIO, RITA 33 MAIN #220 COLLEYVILLE, TX TMAAC LLC 4109 BROWN TRL COLLEYVILLE, TX REED, JANET LEE 33 MAIN ST UNIT 250 COLLEYVILLE, TX PILGRIM, DEBBIE K 33 MAIN ST # 240 COLLEYVILLE, TX ISBELL, STEVE E 5112 OAK TIMBERS CT COLLEYVILLE, TX RIVERWALK AT COLLEYVILLE P.O. BOX 1031 COLLEYVILLE, TX COLLEYVILLE HEIGHTS 816 REGINA COURT COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX ORDINANCE O-22-2197 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.86 ACRES, BEING LOT 1, BLOCK 1, OF THE VILLAGE FRONT DOOR SUBDIVISION, LOCATED AT 5204 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A REDUCTION IN PARKING; 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 reduction in parking for the business known as Zafiros Mexican Grill y Cantina, Case No. ZC22-005; 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 reduction in parking on 0.86 acres, being Lot 1, Block 1, of the Village Front Door Addition, located at 5204 Colleyville Boulevard, for the business known as Zafiros Mexican Grill y Cantina as depicted on the attached as Exhibit “A”. Ordinance O-22-2197 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 a reduction in parking from 69 spaces to 41 spaces. b. The name of the business authorized for a reduction in parking by this Special Use Permit shall be called “Zafiros Mexican Grill y Cantina”. c. The hours of operation shall be as follows: Sunday – Thursday 11:00 AM – 9:00 PM Friday – Saturday 11:00 AM – 10:00 PM d. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy. e. 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-22-2197 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 5th day of April 2022. The second reading and public hearing being conducted on the 19th day of April 2022. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 19TH DAY OF APRIL 2022. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site Plan City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5d Agenda Date 4/5/2022 Number Ordinance O-22-2198 Type Ordinance Department Community Development Title Consideration of a zoning change from R-MF Multi-Family Residential to PUD-R Planned Unit Development - Residential zoning district for Lots 1-47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of the Lakewood Estates, located at 1001-1029 Lakeridge Court, 4600-4613 Clearwater Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001-1013 Edgewater Court, and 4700-4808 Lakeshore Court, Case ZC22-008 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation First Reading and Public Hearing Chris Hawkins, the applicant, has submitted a request for a zoning change from R-MF Multi-Family Residential to PUD-R Planned Unit Development – Residential or the Lakewood Estates Subdivision, being approximately 30.67 acres. The purpose of the PUD-R ordinance is to allow for a zoning district consistent with the subdivision as it exists, to include regulations for setbacks, lot coverage, and open space. Existing Conditions/Background: The subject property consists of 83 lots in an established single-family subdivision. Proposed Amendment: Request – The applicant requests to change the zoning from R-MF to a PUD-R ordinance. Analysis: The requested rezoning is to allow for the existing Lakewood Estates Subdivision to have a consistent zoning district as it exists. This change would have an impact on the properties in the rare occasions when a property owner wants to add on to their home or if they need to rebuild in the unfortunate circumstance of a total loss from a fire or storm. Plat Status: The property is platted as Lots 1-47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of The Lakewood Estates. DRC Review: The DRC reviewed the request during their February 21, 2022 meeting and determined the application was complete and may be scheduled for the next City Council Agenda Briefing 5d City of Colleyville Page 2 available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the north have R-20 Single-Family Residential zoning and have developed with residential structures. The properties to the east have R-20 Single-Family Residential zoning and are improved with residential structures. The properties to the west are zoned CC-2 Shopping Center district and PUD-R Planned Unit Development – Residential and are improved with a pre-school, commercial structures, and single-family homes. The property to the south has R-MF Multi-Family residential and is undeveloped. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property for residential development. The proposed change to the PUD-R ordinance does not conflict with any portion of the comprehensive plan. 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. Staff Recommendation: Staff recommends approval of this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their March 21, 2022 meeting by a vote of 5-0. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.HOA Letter to Members 6.Lakewood Estates Plat Exhibit 1 7.Lakewood Estates Plat Exhibit 2 8.Lakewood Estates Plat Exhibit 3 9.Lakewood Estates Plat Exhibit 4 City Council Agenda Briefing 5d City of Colleyville Page 3 10.Lakewood Estates Plat Exhibit 5 11.Notification Map 12.Notification Letter 13.Notification List 14.Ordinance O-22-2198 SADDLEBROOKDRIVE COT TA GE OA K LANE COLLEYVILLEBOULEVARDM A PLE W O O DTRA IL BRIDLEWOODN GL A DE RO A D SHADOWRIDGEDRIVEBEDFORD ROADBLUEBONNET DRIVEBRANSFORD ROADTHOMPSONTERRACEVILLAGELANE PIAZZA L ANE GARRY LYNNE D R I V E LAKEWOODDRIVESHADOWOOD ROADCENTERPARK DRIVE CREEKVIEWLANEGREENMEADOWW SANGABRIELAVENUETERRA COT TA W AY SOMERSETBOULEVARD STONEBRIDGEDRIVERIVERWALK DRIVEB R O WN TR AIL CARMEL PLACECHATSWORTH DRIVE C R E E K V I E W L A NE ALEXANDRADRIVEOAKTIMBERSCOURTFORD COURTL A K E R I D G ECOURT OLDGLA DE ROA D JO C A R O L LA NE WESTBURY DRIVEG R E E N MEADOW N G R E E N MEADOWEGLADECREEKDRIVEDARTMOORELANEAerial 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. ZC22-008 KLakewood Estates Subject Property SADDLEBROOKDRIVE COT TA GE OA K LANE COLLEYVILLEBOULEVARDM A PLE W O O DTRA IL BRIDLEWOODN GL A DE RO A D SHADOWRIDGEDRIVEBEDFORD ROADBLUEBONNET DRIVEBRANSFORD ROADTHOMPSONTERRACEVILLAGELANE PIAZZA L ANE GARRY LYNNE D R I V E LAKEWOODDRIVESHADOWOOD ROADCENTERPARK DRIVE CREEKVIEWLANEGREENMEADOWW SANGABRIELAVENUETERRA COT TA W AY SOMERSETBOULEVARD STONEBRIDGEDRIVERIVERWALK DRIVEB R O WN TR AIL CARMEL PLACECHATSWORTH DRIVE C R E E K V I E W L A NE ALEXANDRADRIVEOAKTIMBERSCOURTFORD COURTL A K E R I D G ECOURT OLDGLA DE ROA D JO C A R O L LA NE WESTBURY DRIVEG R E E N MEADOW N G R E E N MEADOWEGLADECREEKDRIVEDARTMOORELANEZoning 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. ZC22-008 KLakewood Estates Subject Property 800 4601 817 1010 4516 4932 4612 4604 825 4613 4808 1006 4600 4600 4513 4901 4708 1105 4609 4613 4704 4713 4512 4940 4805 4801 4705 4709 4609 4605 1001 1014 4800 1104 4608 4925 1100 4605 1108 1017 4520 4800 1104 4509 1018 4700 710 1002 1101 4804 4917 821 833 901 4712 4909 4604 813 829 4601 4800 4905 4500 4804 1021 1025 4612 4928 1013 4501 4517 45214608 4944 700 724 1022 4508 1029 1101 1108 4936 4300 4300 812 4708 4709 4841 707 4701 4700 4843 4725 710 4809 1004 4910 4821 1009 4922 4721 4717 4701 1001 1001 1012 1012 4701 4713 4729 4733 4801 4725 4805 4712 1000 4813 4737 1013 4817 4914 1004 1100 1108 1105 1109 1104 1101 BEDFORD ROADCREEKVIEW LA NE GA RRY LYNNE DRIVE LAKEWOODDRIVECENTERPARK DRIVE GLADEROA D EDGEWATER COURT CLEAR LAKE COURT JO CA ROL L A NE LAKESHORECOURTLAKERIDGE COURT WESTBURY DRIVEGLADECREEKDRIVEFuture 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. ZC22-008 KLakewood EstatesSubject Property Residential Colleyville Blvd Corridor Open Space; Parks Water Body HOA W€lhho P.O. Box ror8 Colleyville, Tex as 7 6o34 Statement of Planning Objectives Feb. 16, 2o.22 To whom it may eoncern, The Lakewood Estates subdivision in Colleyrille was approved in about January of 1994 and developed over the last years of last century. Why it was not rezoned to a PUD-R during the approval process is unknown. I have even asked the mayor who signed the plat in Jan. of 1994 and she doesn't remember why it proceeded under the multi-famrly zoning. In any case, the subdivision is completelybuilt out as a single family development. All but one lot was built on by zooo. My personal home was the last one, which I built in zoo6 and my family and I moved in in June of that year. There are no plans for any changes in Lakewood. We see this as a housekeeping issue to bring our development into a zoning consistent with the subdivision as it exists. The changes afforded bythis rezoning will only come into play on the rare occasion when someone wants to add on to their house or in a rebuild in the unfortunate circumstance of a total loss from fire or storm. Alot of my concern is the unforeseen issues of an incorrect zoning. As the saylng goes, "It's the snakes you donT see that will bite you." We appreciate the consideration of this application by the members of the Planning and Zoning Board as well as the City Council. Sincerely,etu Chris Hawkins, President HOA Lakewood Estates COT TA GE OA K LANE RIVERWALK DRIVEM A PLE W O O DTRA IL P L A N T A T IO N D R IV E NSADDLEBROOKDRIVE GL A DE RO A D COLLEYVILLEBOULEVARDBRANSFORDR O A D BRIDLEWOODN THOMPSONTERRACEVILLAGELANE M O C KI N G BI R D LANEPIAZZA LA NE BLUEBONNET DRIVEINWOODLANEGA RRY LYNNEDRIVELAKEWOODDRIVEBEDFORD ROADCENTERPARKDRIVE GREENME A DOWW SOMERSETBOULEVARD STONEBRIDGEDRIVERODEO D R I V E B R O W N T R A IL SABINE COURT SHADOWRIDGEDRIVECRE S T COURTCARMELPLACECHATSWORTH DRIVE C R E E K V I E W L A N E ALEXANDRADRIVEOAKTIMBERSCOURTFORD COURTSOUTHWOODE OLDGLA DE ROA D J O C A R OL LA NE WESTBURY DRIVEG R E E N MEADOW NGREENMEADOWEGLADECREEKDRIVEDARTMOORELANESTAFFORD DRIVENotification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-008 KLakewood Estates Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 21, 2022 at 7:00 p.m. City Council Meetings: Tuesday, April 5, 2022 & Tuesday, April 19, 2022 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a zoning change from the R-MF Multi-Family Residential district to the PUD-R Planned Unit Development-Residential district. The request is to rezone the subdivision to allow for a zoning district consistent with the subdivision as it exists, to include regulations for setbacks, lot coverage, and open space. Zoning Case:ZC22-008 Applicant:HOA Lakewood Estates Owner: HOA Lakewood Estates Location:1001-1029 Lakeridge Court, 4600-4613 Clearwater Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001-1013 Edgewater Court, and 4700-4808 Lakeshore Court Property Description:Lots 1-47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, Lakewood Estates Present Zoning:R-MF Multi-Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City HILL, JUDY 808 CREEKVIEW LN COLLEYVILLE, TX HOA - LAKEWOOD ESTATES 6707 BRENTWOOD STR RD FORT WORTH, TX THOMAS BARRY AND ELAINE FAMILY 800 CREEKVIEW LN COLLEYVILLE, TX GEARY, DANIEL B 4601 CLEARWATER CT COLLEYVILLE, TX WILSON, EDWIN E 817 CREEKVIEW LN COLLEYVILLE, TX MASON, JOHN 4516 DARTMOORE LN COLLEYVILLE, TX MILLER, ANGELA 1010 LAKERIDGE CT COLLEYVILLE, TX RAMOVIE, ELVIS 4516 WESTBURY DR COLLEYVILLE, TX POSLICK, MARTIN A 4932 LAKEWOOD DR COLLEYVILLE, TX GLADE RD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX CRUMPLER, JOHN K 725 CREEKVIEW LN COLLEYVILLE, TX DONATO, MARIO 4612 CLEARWATER CT COLLEYVILLE, TX MILLER, MATTHEW 4604 CLEARWATER CT COLLEYVILLE, TX WALKER, ELISABETH 825 CREEKVIEW LN COLLEYVILLE, TX SAMUEL, JAYARAJAN 4613 WESTBURY DR COLLEYVILLE, TX FERNEY, DAVID 4520 DARTMOORE LN COLLEYVILLE, TX O'BRIEN, PETE 609 CHEEK SPARGER RD STE 120 COLLEYVILLE, TX HARRIS, JOHN 4808 LAKESHORE CT COLLEYVILLE, TX FERGUSON, JAMES C 1006 LAKERIDGE CT COLLEYVILLE, TX MILLER, ROBERT T 4600 CLEARWATER CT COLLEYVILLE, TX AIKENS, THOMAS R 4500 DARTMOORE LN COLLEYVILLE, TX PATEL, MANISH 4600 WESTBURY DR COLLEYVILLE, TX LAMBDEN, RICHARD 4513 WESTBURY DR COLLEYVILLE, TX THE RUPE FAMILY TRUST 4901 LAKEWOOD DR COLLEYVILLE, TX TALKINGTON, MARY ALICE 4708 LAKESHORE CT COLLEYVILLE, TX LORENZEN, MIKE 1105 JO CAROL ST COLLEYVILLE, TX ISAAC, ANGIE 4609 CLEARWATER CT COLLEYVILLE, TX SMALL, MARVIN B 4613 CLEARWATER CT COLLEYVILLE, TX MORGAN, MARK 4704 LAKESORE CT COLLEYVILLE, TX STITTS, ANDREA A 4713 LAKESHORE CT COLLEYVILLE, TX GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX GANDHI, KANTI 4612 DARTMOORE LN COLLEYVILLE, TX ESPINOSA, ROBERTO 801 CREEKVIEW LN COLLEYVILLE, TX HOA OF CAMBRIDGE PLACE INC 3500 MAPLE AVE STE 1165 DALLAS, TX FOX TRAIL TRUST 4512 WESTBURY DR COLLEYVILLE, TX UNELL, DEONNA 4940 LAKEWOOD DR COLLEYVILLE, TX MILLER, HARRY M 4805 LAKESHORE CT COLLEYVILLE, TX Y2KITCHEN PROPERTIES LLC 4500 DARTMOORE LN COLLEYVILLE, TX FATIMA, SANIA 4801 LAKESHORE CT COLLEYVILLE, TX PITTMAN, BOBBY G 4913 LAKEWOOD DR COLLEYVILLE, TX ELROD, RYAN 4705 LAKESHORE CT COLLEYVILLE, TX RAPHAEL LEASING LLC PO BOX 820895 N. RICHLAND HILLS, TX SIDDIQUE, AARON 4709 LAKESHORE CT COLLEYVILLE, TX INDUKURI, RAJU 4616 DARTMOORE LN COLLEYVILLE, TX HAAKE, JACK 4609 WESTBURY DR COLLEYVILLE, TX SCHULTE, JAMES 1109 SOMERSET BLVD COLLEYVILLE, TX STAID, STEPHEN A 1113 SOMERSET BLVD COLLEYVILLE, TX OTT, JEFFREY 4605 WESTBURY DR COLLEYVILLE, TX HOLLOWAY, CHRISTOPHER 1001 LAKERIDGE CT COLLEYVILLE, TX SHERMAN JOHN & PAMELA WOOD TRU 1014 LAKERIDGE CT COLLEYVILLE, TX RICE, MOLLY 1109 JO CAROL ST COLLEYVILLE, TX GEARY, JAMES 4800 LAKESHORE CT COLLEYVILLE, TX CANNON, CAREY W 1104 GARRY LYNNE DR COLLEYVILLE, TX AVIA PROPERTIES LLC 714 CENTERPARK DR STE 140 COLLEYVILLE, TX DICKSON, JASON K 1117 SOMERSET BLVD COLLEYVILLE, TX WOLLIN, RICHARD A 4600 DARTMOORE LN COLLEYVILLE, TX HAFTER, LANCE E 4608 WESTBURY DR COLLEYVILLE, TX BONEY, TRAVIS 4925 LAKEWOOD DR COLLEYVILLE, TX JOHNSTON, AMANDA LOUISE 1100 GARRY LYNNE DR COLLEYVILLE, TX KOLLE, ANGELLE 804 CREEKVIEW LN COLLEYVILLE, TX RAY, BEVERLY C 4206 CHRISMAC WAY COLLEYVILLE, TX HENDRICKSON, HOLLEY 1804 GLENBROOK CT BEDFORD, TX SPANN, CAROLYN K 1017 LAKERIDGE CT COLLEYVILLE, TX NAMY, STEVE 4520 WESTBURY DR COLLEYVILLE, TX HERNANDEZ, JENNIFER 1104 SOMERSET BLVD COLLEYVILLE, TX COCANOUGHER ASSET NO 3 LTD 6851 NE LOOP 820 STE 200 N. RICHLAND HILLS, TX OWEN, GEOFFREY R 809 CREEKVIEW LN COLLEYVILLE, TX BROWN, DAVID E 4509 WESTBURY DR COLLEYVILLE, TX VEERA, SUCHITRA 4512 DARTMOORE LN COLLEYVILLE, TX NAIL, JAMES R 4608 DARTMOORE LN COLLEYVILLE, TX O'ROURKE PATRICK AND MICHELLE 4508 DARTMOORE LN COLLEYVILLE, TX MCGOVERN FAMILY TRUST 1018 LAKERIDGE CT COLLEYVILLE, TX NEEL, STEVEN J 4700 LAKESHORE CT COLLEYVILLE, TX Y2KITCHEN PROPERTIES LLC 5003 COLLEYVILLE BLVD COLLEYVILLE, TX ACROPOLIS INC 15233 VENTURA BLVD SUITE 1160 SHERMAN OAKS, CA EVANS, ROBERT 1002 LAKERIDGE CT COLLEYVILLE, TX CHO, AARON 2877 NOTTINGHAM DR ROANOKE, TX ESCOBAR, ROSA 4804 BEDFORD RD COLLEYVILLE, TX WAYNE, ANDREW 1009 LAKERIDGE CT COLLEYVILLE, TX LI, WEN 729 CREEKVIEW LN COLLEYVILLE, TX BENNETT, JAMES 4917 LAKEWOOD DR COLLEYVILLE, TX THOMPSON, JOHN E 5017 MONTCLAIR DR COLLEYVILLE, TX MORSE FAMILY TRUST 821 CREEKVIEW LN COLLEYVILLE, TX ZINGER, CHARLES 833 CREEKVIEW LN COLLEYVILLE, TX NOBLIT, DON PO BOX 820895 FORT WORTH, TX HOA - LAKEWOOD ESTATES 12700 PARK CTRL DR STE 600 DALLAS, TX PAINE, DANIEL 4712 LAKESHORE CT COLLEYVILLE, TX VARIN, ADRIAN 4909 LAKEWOOD DR COLLEYVILLE, TX DELGADO, MARK ETAL 5000 THOMPSON TERR COLLEYVILLE, TX TAYLOR, STEPHANIE 4604 WESTBURY DR COLLEYVILLE, TX CULVER, DAVID K 813 CREEKVIEW LN COLLEYVILLE, TX KING, JEFFREY 1005 LAKERIDGE CT COLLEYVILLE, TX DUTTON DAVID AND CAROL LIVING 12909 ANDUIN AVE OKLAHOMA CITY, OK BREWER, THOMAS 1105 SOMERSET BLVD COLLEYVILLE, TX TEAGUE DANIEL AND MARY FAMILY 733 CREEKVIEW LN COLLEYVILLE, TX MCCORD, STEVEN A 4601 WESTBURY DR COLLEYVILLE, TX HOA - LAKEWOOD ESTATES 12700 PARK CTRL DR STE 600 DALLAS, TX SEHAT, MAJID 4800 BEDFORD RD COLLEYVILLE, TX REYES, STEVE 4905 LAKEWOOD DR COLLEYVILLE, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX ROQUE, ANA 4804 LAKESHORE CT COLLEYVILLE, TX MORGAN, ROBERT S 1021 LAKERIDGE CT COLLEYVILLE, TX MILLER, JAY S 1025 LAKERIDGE CT COLLEYVILLE, TX FRENCH, DIRON T 4612 WESTBURY DR COLLEYVILLE, TX HOA OF CAMBRIDGE PLACE INC 3500 MAPLE AVE STE 1165 DALLAS, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX BOWDEN, WILLIAM 4928 LAKEWOOD DR COLLEYVILLE, TX NOBEL SOURCE COMPANY LLC 640 S HILL ST STE 341 LOS ANGELES, CA PP COLLEYVILLE I LLC 8350 N CENTRAL EXPWY STE 1313 DALLAS, TX BOWERS LIVING TRUST 805 CREEKVIEW LN COLLEYVILLE, TX LAZEAR, CHRISTINE L 4604 DARTMOORE LN COLLEYVILLE, TX FREYER, CRAIG A 1013 LAKERIDGE CT COLLEYVILLE, TX WESTBROOK, ELIZABETH 737 CREEKVIEW LN COLLEYVILLE, TX CHANDLER, RAMAN PO BOX 611 COLLEYVILLE, TX CAINES, COLIN 4517 WESTBURY DR COLLEYVILLE, TX PARSINEN, PETER H 4521 WESTBURY DR COLLEYVILLE, TX MIRZADEH, MARZIA 4608 CLEARWATER CT COLLEYVILLE, TX HAWKINS, CHRISTOPHER 4944 LAKEWOOD DR COLLEYVILLE, TX SCHWAB GROUP LLC 714 CENTERPARK DR STE 100 COLLEYVILLE, TX BETTY B PANNELL REV LIV TR PO BOX 815 COLLEYVILLE, TX KING, DALE L PO BOX 371 COLLEYVILLE, TX ZELL THREE INC 1190 EXPLORER ST DUNCANVILLE, TX HOA OF CAMBRIDGE PLACE INC 3500 MAPLE AVE STE 1165 DALLAS, TX 1 CHRONICLES 29:10-20 LLC 6214 THERESA LN COLLEYVILLE, TX DO, MIA 1022 LAKERIDGE CT COLLEYVILLE, TX DAVIS, ALAN D 4508 WESTBURY DR COLLEYVILLE, TX JAYARAMAN, SUJARITHA 1029 LAKERIDGE CT COLLEYVILLE, TX HOA OF CAMBRIDGE PLACE INC 3500 MAPLE AVE STE 1165 DALLAS, TX ALI, IMAN 1101 SOMERSET BLVD COLLEYVILLE, TX FAY, MATT D 1108 SOMERSET BLVD COLLEYVILLE, TX WOLF, GERALD 4936 LAKEWOOD DR COLLEYVILLE, TX STILSON, ANGELA J 812 CREEKVIEW LN COLLEYVILLE, TX KETTLE, KEITH 270 OAK RIDGE LN ARGYLE, TX KRG COLLEYVILLE LLC 30 S MERIDIAN ST STE 1100 INDIANAPOLIS, IN KRG COLLEYVILLE LLC 30 S MERIDIAN ST STE 1100 INDIANAPOLIS, IN COMPASS BANCSHARES INC PO BOX 10566 BIRMINGHAM, AL HERITAGE PERSONAL TRAINING INC 1208 CREST DR COLLEYVILLE, TX KRG COLLEYVILLE LLC 30 S MERIDIAN ST STE 1100 INDIANAPOLIS, IN REALTY INCOME TX PRO 1 LLC 11995 EL CAMINO REAL STE 101 SAN DIEGO, CA KRG COLLEYVILLE LLC 30 S MERIDIAN ST STE 1100 INDIANAPOLIS, IN COLLEYVILLE CENTERPARK ASSOC PO BOX 47 COLLEYVILLE, TX WAGGONER, ROBERT 4709 LAKEWOOD DR COLLEYVILLE, TX CORRIGAN, KEITH 4809 LAKEWOOD DR COLLEYVILLE, TX BUNS, BAROM 1004 CLEAR LAKE CT COLLEYVILLE, TX DOWDY, RICHAD C 4910 LAKEWOOD DR COLLEYVILLE, TX COFER, JAMES 4821 LAKEWOOD DR COLLEYVILLE, TX ROBICHEAUX, CRAIG 4705 LAKEWOOD DR COLLEYVILLE, TX MULLEN MARK LIVING TRUST 1009 EDGEWATER CT COLLEYVILLE, TX ALLRED, BRECHT 1009 CLEAR LAKE CT COLLEYVILLE, TX HOA - LAKEWOOD ESTATES 6707 BRENTWOOD STAIR RD FORT WORTH, TX HATTMAN, JAMES B 4721 LAKEWOOD DR COLLEYVILLE, TX BEARRIE, JOHN 4717 LAKEWOOD DR COLLEYVILLE, TX CARLSON, SUSAN 4700 LAKEWOOD DR COLLEYVILLE, TX HOLLAND, TRACY 4701 LAKESHORE CT COLLEYVILLE, TX TURNS, RAYMOND 101 CLEAR LAKE CT COLLEYVILLE, TX GUNNIP, KEVIN 1001 EDGEWATER CT COLLEYVILLE, TX GARNER, TANNEE 1012 CLEAR LAKE CT COLLEYVILLE, TX BLAUSER, JAMES D 1012 EDGEWATER CT COLLEYVILLE, TX ORRELL, GREGORY T 1005 CLEAR LAKE CT COLLEYVILLE, TX KLINE, JOSEPH E 1008 CLEAR LAKE CT COLLEYVILLE, TX ZANTI, TERI 4701 LAKEWOOD DR COLLEYVILLE, TX STOVALL, JIMMY 4713 LAKEWOOD DR COLLEYVILLE, TX DAVIS, ADRIAN 4729 LAKEWOOD DR COLLEYVILLE, TX RIZKALLA, SHERIF 4733 LAKEWOOD DR COLLEYVILLE, TX SCOTT, ANN 4801 LAKEWOOD DR COLLEYVILLE, TX WYNN, CHAD 4725 LAKEWOOD DR COLLEYVILLE, TX WISEMAN, KATHLEEN 4704 LAKEWOOD DR COLLEYVILLE, TX SAVAGE, JONATHAN G 4805 LAKEWOOD DR COLLEYVILLE, TX HENDRICKS, CHAS 4918 LAKEWOOD DR COLLEYVILLE, TX SUGAR MADELINE C FAMILY TRUST 4712 LAKEWOOD DR COLLEYVILLE, TX MCMAHON, DANIEL J 1008 EDGEWATER CT COLLEYVILLE, TX YOUNG, ALAN 1000 CLEAR LAKE CT COLLEYVILLE, TX THE CHD 2016 IRREVOCABLE TRUST 1050 CONNECTICUT AVE STE 1100 WASHINGTON, DC CULLEY REVOCABLE TRUST 4737 LAKEWOOD DR COLLEYVILLE, TX ZACHARY, LARRY J 1013 EDGEWATER CT COLLEYVILLE, TX WALTERS CHARLOTTE M FAMILY TRU 4708 LAKEWOOD DR COLLEYVILLE, TX YOUNGER, WANDA LEORA 4817 LAKEWOOD DR COLLEYVILLE, TX BLUM, JENNIFER 4914 LAKEWOOD DR COLLEYVILLE, TX KAREGEANNES, HARRY G 1004 EDGEWATER CT COLLEYVILLE, TX SALEMIZADEH, A 1005 EDGEWATER CT COLLEYVILLE, TX DILORENZO, ANTHONY 1112 CHATSWORTH DR COLLEYVILLE, TX VIERKANT, JENNIFER 1113 GARRY LYNNE DR COLLEYVILLE, TX SCHMIDT, THOMAS H 1100 CHATSWORTH CT W COLLEYVILLE, TX WADE, CARL 1108 CHATSWORTH CT W COLLEYVILLE, TX LEVI, DWIGHT CARL 1105 GARRY LYNNE DR COLLEYVILLE, TX SCHULTHEIS, TERI L 1109 GARRY LYNNE DR COLLEYVILLE, TX BELL, DAVID 1116 CHATSWORTH DR COLLEYVILLE, TX BARTON, LUCAS 1104 CHATSWORTH CT W COLLEYVILLE, TX CHERESO, ANTHONY J 1101 GARRY LYNNE DR COLLEYVILLE, TX PETERSON, BARBARA LISA 1104 JO CAROL ST COLLEYVILLE, TX WALKER, RION 1108 JO CAROL ST COLLEYVILLE, TX A&H FT WORTH INVESTMENTS LLC PO BOX 2082 COLLEYVILLE, TX ADVENIAT REGNUM TUUM, LLC.1105 GLADE RD STE 100 COLLEYVILLE, TX VELNOSKY, CHELSIE 1100 JO CAROL ST COLLEYVILLE, TX TARA PLANTATION ADDITION P.O. Box 565 COLLEYVILLE, TX LAKEWOOD ESTATES 213 MILL CROSSING WEST COLLEYVILLE, TX SADDLEBROOK ADDITION P.O. BOX 382 COLLEYVILLE, TX RIVERWALK AT COLLEYVILLE P.O. BOX 1031 COLLEYVILLE, TX LAKES OF SOMERSET 1104 CHATSWORTH COURT WEST COLLEYVILLE, TX CAMBRIDGE PLACE - COLLEYVILLE 821 CREEKVIEW LANE COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX ORDINANCE O-22-2198 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 30.67 ACRES ON LOTS 1-47, BLOCK A, LOTS 1-16, BLOCK B, AND LOTS 1-24, BLOCK C, OF THE LAKEWOOD ESTATES, LOCATED AT 1001-1029 LAKERIDGE COURT, 4600-4613 CLEARWATER COURT, 4701-4944 LAKEWOOD DRIVE, 1000-1012 CLEAR LAKE COURT, 1001-1013 EDGEWATER COURT, AND 4700- 4808 LAKESHORE COURT FROM THE R-MF MULTI-FAMILY RESIDENTIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT – RESIDENTIAL ZONING DISTRICT; 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 rezoning under Case No. ZC22-008; 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: Ordinance O-22-2198 Page 2 of 5 Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 30.67 acres on lots 1-47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of the Lakewood Estates, located at 1001-1029 Lakeridge Court, 4600-4613 Clearwater Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001-1013 Edgewater Court, and 4700-4808 Lakeshore Court (collectively the “Subject Property”) from the R-MF Multi-Family Residential district to the PUD-R Planned Unit Development – Residential zoning district, as depicted in the attached Exhibit “A” and Exhibit “B”. 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 purpose of this PUD-R is for a single-family residential development of no more than 83 single- family detached dwelling units. b. All development or improvement of the Subject Property shall be in conformance with the R-20 Single-Family Residential District regulations, subject only to the exceptions set forth in this ordinance. c. The Subject Property is subject to all regulations contained in the Colleyville Land Development Code, except where expressly amended by this ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots within the Subject Property shall be consistent with the current street layout and arrangement depicted in Exhibit “B” (Final Plat and Replat). Ordinance O-22-2198 Page 3 of 5 3. PERMITTED USES a. The Subject Property shall be used solely for single- family detached residences and related accessory uses and structures in conformance with R-20 Single- Family Residential District regulations, except where expressly amended by this ordinance. b. The existing common open space areas as depicted in Exhibit “B”. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS The R-20 lot requirements and setbacks are herein modified as follows: a. Minimum Lot Size: 8,000 square feet b. Minimum Lot Width: 70 feet, except lots in a cul-de- sac or street turn shall be no less than 51 feet (measured at the front building line) c. Front Yard Setback: 25 feet d. Side Yard Setback: five feet; no second story windows within 15 feet e. Street Side Setback: 15 feet f. Rear Yard Setback: 15 feet; no second story windows within 20 feet g. Maximum Lot Coverage: 50 percent h. Maximum Impervious Coverage: 70 percent The procedure outlined for major variances in Section 1.13.D of the Land Development Code shall apply to any request for a variance from the requirements set forth in Sections 4(a) through (h) above. Ordinance O-22-2198 Page 4 of 5 5. OPEN SPACE a. This Subject Property shall have not less than approximately 17.2% common open space, which shall generally be configured as shown in Exhibit “B”. All open space areas shall be landscaped and maintained by the Homeowner’s Association as described in the plat notes provided in Exhibit “B”. 6. DEVELOPMENT PLAN a. Development of the Subject Property shall be consistent with the Final Plat and Replat attached in Exhibit “B”. 7. PRIVATE STREETS a. The streets located in the subdivision shall be maintained as private streets, as shown in the Final Plat and Replat attached in Exhibit “B”. 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-22-2198 Page 5 of 5 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of April 2022. The second reading and public hearing being conducted on the 19th day of April 2022. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 19TH DAY OF APRIL 2022. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” – Location and Zoning Map Exhibit “B” –Final Plat and Replat City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5e Agenda Date 4/5/2022 Number Ordinance O-22-2199 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for a fence to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC22-010 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation First Reading and Public Hearing Eugene Kovach, the applicant, has submitted a request for a Special Use Permit (SUP) for a fence to encroach into the required street side yard setback on Lot 6, Block 9, of the Woodbriar Estates Addition, being approximately 0.382 acres, and zoned R-15 Single-Family Residential district. The purpose is to allow an eight foot wood fence to encroach into the street side yard setback located on the property line. Existing Conditions/Background: The subject property, 412 Briarcliff Court, has R- 15 zoning and is located on the northwest corner of Briarcliff Court and Oakbriar Lane. The subject property has an existing single-family home. The request is for an eight foot wood fence to encroach into the street side yard setback located on the property line. SUP Request: Request – The applicant is requesting approval of an SUP to allow for a eight foot existing wooden fence to be located on the property line. It is located within the corner street side yard setback. The proposed fence is approximately ten feet from the curb for Oakbriar Lane. 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: "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 City Council Agenda Briefing 5e City of Colleyville Page 2 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 30 feet per the R-15 zoning. The applicant proposes to have an eight foot wood fence to encroach into the street side yard setback located on the property line. The Land Development Code provides the opportunity to request an SUP to modify from the requirements: 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 eight foot wood fence to be on the property line because it encloses the pool. The applicant previously requested a pergola to encroach into the required street side yard setback and the pergola request is scheduled with the City Council. Plat Status: The property is platted as Lot 6, Block 9, in the Woodbriar Estates Addition. DRC Review: Case ZC22-010 has been scheduled with the Planning and Zoning Commission on March 21st and City Council on April 5th and 19th. Drainage: NA Surrounding Development: The properties to the north, south, east, and west are zoned R-15 Single-Family Residential and contain single-family residential development. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star- Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends denial of the fence due to technical non- compliance with the Land Development Code. The Land Development Code allows for fences, which do not meet the Land Development Code criteria to seek an SUP. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their March 21, 2022 meeting by a vote of 4-1. City Council Agenda Briefing 5e City of Colleyville Page 3 Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Plat 6.Site Plan 7.Fence Aerial View 8.Fence Street View 9.Notification Map 10.Notification Letter 11.Notification List 12.Ordinance O-22-2199 3713 4103 4020 4025 310 3717 4001 309 308 37203717 3901 4001 404 219 4100 4101 4102 3905 200 212 3809 3709 313 3713 303 602 605 4004 4009 3809 4103 4005 4024 3909 4103 401 3716 412 3712 4013 3924 204 3708 3913 4008 4100 312 39093916 3708 3804 308 305 3721 207 609 307 203 4103 3717 4005 4106 4017 3917 3712 3921 208 4101 3813 3719 412 401 409 400 304 301 4021 405 3805 215 4102 3725 3712 208 405 300 4101 3721 3708 4006 3716 3713 3913 3905 3708 408 210 3716 302 3805 400 3801408 3801 3711 4100 312 3920 3805 3712 37093709 4010 3809 4101 4013 4002 3724 313 41014100 3723 3716 309 3700 218 404 4102 3801 300 4009 3925 4000 3917 3720 3915 3715 601 309 517413513409401417301509505501305 500299 306304 405 4000 CH E E K S P A R G E R R O A DFELPS DRIVEFELPSCOURTGREENBRIARL A N ESTEEPLECHASEDRIVE AUTUMN OAKS B R I D L E W O O D S ROSEBRIAR LANETREEMONT CIRCLEBROWN TRAILOAKBRIAR LANEBRIARHAVEN LANETREEMONTCOURTTREEMONTCIRCLEDEL MA R C O U R T B R IA R C L IFF 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. ZC22-010 K412 Briarcliff Court Subject Property 3713 4103 4020 4025 310 3717 4001 309 308 37203717 3901 4001 404 219 4100 4101 4102 3905 200 212 3809 3709 313 3713 303 602 605 4004 4009 3809 4103 4005 4024 3909 4103 401 3716 412 3712 4013 3924 204 3708 3913 4008 4100 312 39093916 3708 3804 308 305 3721 207 609 307 203 4103 3717 4005 4106 4017 3917 3712 3921 208 4101 3813 3719 412 401 409 400 304 301 4021 405 3805 215 4102 3725 3712 208 405 300 4101 3721 3708 4006 3716 3713 3913 3905 3708 408 210 3716 302 3805 400 3801408 3801 3711 4100 312 3920 3805 3712 37093709 4010 3809 4101 4013 4002 3724 313 41014100 3723 3716 309 3700 218 404 4102 3801 300 4009 3925 4000 3917 3720 3915 3715 601 309 517413513409401417301509505501305 500 299 306304 405 4000 CH E E K S P A R G E R R O A DFELPS DRIVEFELPSCOURTGREENBRIARL A N ESTEEPLECHASEDRIVE AUTUMN OAKS B R I D L E W O O D S ROSEBRIAR LANETREEMONT CIRCLEBROWN TRAILOAKBRIAR LANEBRIARHAVEN LANETREEMONTCOURTTREEMONTCIRCLEDEL MAR COURTB R IA R C L IFF COURT R-MF AGCNCC-1 R-15 R-20 R-20 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. ZC22-010 K412 Briarcliff Court Subject Property 310 309 4001 404 313 303 4009 4005 401 412 4013 312 39093916 305 307 4017 3813 412 401 409 400 301 405 3805 405 3905 408 400 314 3801408 312 3809 313 309 3700 404 3925 4000 500299 DEL MAR COURTCH E EK S P A R G ER R O A D OAKBRIAR LANEB R I A R C L I F F COURT 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. ZC22-010 K412 Briarcliff Court Subject Property Residential Institutional Open Space; Parks SUP Request Regarding the fence SUP request, I am asking to keep the fence I currently have on my property. It is along my property line on the east, north, and west sides, and towards the back of my house on the south facing side. This fence has been in place for 3-4 years without any issues. I started the process for requesting a SUP and variance permit for a pergola and pool. When I started the applications for those, I asked, specifically, if my fence would be an issue and if I would have to change it. I was told by the city representative that I would not have to change it. Now, when I should be talking to city council about the other two permits, I was told I would need to go through this process and ask for permission for the fence I have. When I purchased this home, the fence was older and dilapidated. It was beginning to fall down. The night I moved in, someone tried breaking in, after jumping the previous 6 foot fence. I didn’t feel safe, so I had an 8 foot fence built. It is much more atheistically pleasing and updated. The backer rails are now on the inside of the fence, facing my house, and no longer outward facing. The fence is now board- on-board, which provides more privacy. The finished fence has a much more updated look and finish than the previous one. I’ve had several compliments from my neighbors and no complaints. And it provides me with a sense of safety due to the height and not having the outward facing backer rails. The city council members said the reasons for the side yard setback rules were for safety and aesthetics. There are no safety/visibility issues with my fence, as you can clearly see all oncoming traffic, as well as the next street to the north when stopped at the intersection of Oakbriar Ln and Briarcliff Ct. While aesthetics are subjective, the new fence is much more aesthetically pleasing and updated than the previous fence. My home is near the entrance of the neighborhood, and it updated the appearance when it was built. Thank you for your consideration. Shelly Horton 3713 204 4020 4025 310 3717 4001 309 308 37203717 3901 4001 404 3705 219 4100 4101 3905 200 4012 212 3809 3709 313 133 3717 3713 303 602 4004 4009 3809 3713 4005 4024 3909 401 3716 412 3712 4013 3924 204 3910 3705 3708 3913 4008 4000 4008 4100 312 39093916 3708 3804 308 305 3721 3704 207 307 203 3717 4005 4017 134 3917 3712 3921 208 4101 3912 3813 3719 412 401 409 3914 400 304 301 4021 405 3805 215 3725 3712 208 3705 405 300 4101 3721 3708 4006 3716 3713 3704 3913 3709 4100 3905 3708 408 210 3716 302 3805 400 3704 3801408 3801 3711 4100 312 3920 3805 3712 37093709 4010 3809 4013 4002 3724 313 4101 4004 4100 3723 3716 309 3700 218 3705 404 3707 3801 300 4009 3925 4000 3917 3720 3915 3715 309 517413513409401417301509505501305 500299 306304 405 4000 FELPS DRIVEFELPSCOURTSTEEPLECHASEDRIVECH E E K S P A R G E R R O A D A C U F F L A N E GREENBRIA R L A N E B R I D L E W O O D S TREEMONT CIRCLEOAKBRIAR LANEROSEBRIAR LANEBRIARHAVEN LANETREEMONTCIRCLEDEL MA R C O U R T TREEMONTCOURTB R IA R C L IFF 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. ZC22-010 K412 Briarcliff Court Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 21, 2022 at 7:00 p.m. City Council Meetings: Tuesday, April 5, 2022 & Tuesday, April 19, 2022 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 encroach into the street side yard setback. The purpose of the request is to allow for an existing wooden fence to encroach into the 30-foot required street side yard setback. Zoning Case:ZC21-036 Applicant:Gene Kovach Owner: Shelly Horton Location:412 Briarcliff Court Property Description:Lot 6, Block 9, Woodbriar Estates Addition Present Zoning:R-15 Single Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City GREENHAW, JOE E 4020 TREEMONT CIR COLLEYVILLE, TX SCHECHINGER, SHERRI 4025 TREEMONT CIR COLLEYVILLE, TX SEWELL, LILA J 310 DEL MAR CT COLLEYVILLE, TX CEKUTA, CHRISTOPHER 309 BRIARCLIFF CT COLLEYVILLE, TX VARDELL, WAYNE 4001 TREEMONT CIR COLLEYVILLE, TX JONES, DAN W 404 GREENBRIAR LN COLLEYVILLE, TX MATHIS, SABRA A 219 CHEEK SPARGER RD COLLEYVILLE, TX EVANS, JON R 313 BRIARCLIFF CT COLLEYVILLE, TX SAGMAN, MAZIN 303 DEL MAR CT COLLEYVILLE, TX ROWE, THOMAS 4004 STEEPLE CHASE DR COLLEYVILLE, TX ROMERO, MATTHEW 4009 TREEMONT CIR COLLEYVILLE, TX FREMAUX, EDWARD 4005 TREMONT CIR COLLEYVILLE, TX TRIMARCHI, MARK 4024 TREEMONT CIR COLLEYVILLE, TX THOMPSON, CHRISTI 401 CHEEK SPARGER RD COLLEYVILLE, TX HORTON, SHELLY 412 BRIARCLIFF CT COLLEYVILLE, TX BURNS, ROBERT H 4013 TREEMONT CIR COLLEYVILLE, TX SANDERS, GARY 3924 TREEMONT CIR COLLEYVILLE, TX KLAMT, LYNN RAY 312 BRIARCLIFF CT COLLEYVILLE, TX LOGAN, EVERETT 3909 OAKBRIAR LN COLLEYVILLE, TX BEAVER, JAMES A 3916 OAKBRIAR LN COLLEYVILLE, TX GORE, LINDA PO BOX 1828 COLLEYVILLE, TX SCHLECH FRANCES C REVOCABLE TR 305 DEL MAR CT COLLEYVILLE, TX ROBERTS, SHONNA K 3721 BRIARHAVEN LN COLLEYVILLE, TX CAMPBELL, CANDACE 3601 SAN BAR LN COLLEYVILLE, TX MIRIAM P BROYLES REVOCABLE TRU 8213 SANDHILL CRANE DR FORT WORTH, TX COSTON, ROGER A 4017 TREEMONT CIR COLLEYVILLE, TX ANDERSON, JOHN 3921 TREEMONT CIR COLLEYVILLE, TX LACEY, EDWARD 208 BRIARCLIFF CT COLLEYVILLE, TX POLK, LISA 3813 OAKBRIAR LN COLLEYVILLE, TX HINSON, DANA Y 412 GREENBRIAR LN COLLEYVILLE, TX BAUGUS, MITCHELL 401 BRIARCLIFF CT COLLEYVILLE, TX WALKER, RANCE LEE ANN 409 BRIARCLIFF CT COLLEYVILLE, TX BUDRI, AZIZ K 400 GREENBRIAR LN COLLEYVILLE, TX GIAMANCO, TIFFANY 301 DEL MAR CT COLLEYVILLE, TX CALDWELL, AL J 4021 TREEMONT CIR COLLEYVILLE, TX THE ROTH FAMILY LIVING TRUST 405 BRIARCLIFF CT COLLEYVILLE, TX NOEL, RUSSELL 3805 OAKBRIAR LN COLLEYVILLE, TX MARINO, ROBERT A 3725 OAKBRIAR LN COLLEYVILLE, TX HOPPER, NORMAN E 405 CHEEK SPARGER RD COLLEYVILLE, TX MOTLEY, TRAVIS 3913 FELPS DR COLLEYVILLE, TX NOWELL, KIMBERLY M.3905 OAKBRIAR LN COLLEYVILLE, TX BOYD, JAMES M 408 BRIARCLIFF CT COLLEYVILLE, TX DE SARNO, ROGER B 302 DEL MAR CT COLLEYVILLE, TX NORTHEAST CONSTR CO INC 5137 DAVIS BLVD NORTH RICHLAND HILLS, TX KELLEY, J ROLAND 400 BRIARCLIFF CT COLLEYVILLE, TX VILLAS DEL MAR HOA INC 300 DEL MAR CT COLLEYVILLE, TX HEDGES, DAVID J 3801 OAKBRIAR LN COLLEYVILLE, TX TABORSKY, ANNA 408 GREENBRIAR LN COLLEYVILLE, TX THOMAS, STEVE R 312 GREENBRIAR LN COLLEYVILLE, TX DEANGELO, DANIEL 3920 TREEMONT CIR COLLEYVILLE, TX DIVER, MICHAEL 3809 OAKBRIAR LN COLLEYVILLE, TX NORDELL, RYAN M 4002 STEEPLECHASE DR COLLEYVILLE, TX SAUNDERS, JOHN 4104 TRAIL BEND CT COLLEYVILLE, TX HUGHEY, PAUL 309 CHEEK SPARGER RD COLLEYVILLE, TX WOOD OF COLLEYVILLE HOA 4025 TREEMONT CIR COLLEYVILLE, TX CHARTIER, MELISSA 218 CHEEK SPARGER RD COLLEYVILLE, TX MILLER, ROSS 404 BRIARCLIFF CT COLLEYVILLE, TX EASTABROOK, MICHAEL K 300 DEL MAR CT COLLEYVILLE, TX ALDERETE, WESLEY 3925 TREEMONT CIR COLLEYVILLE, TX SCHWEIKHARD, WILLIAM 4000 STEEPLECHASE DR COLLEYVILLE, TX GARMAN, DONALD J 3720 OAKBRIAR LN COLLEYVILLE, TX ISLAMIC ASSOC OF MID CITIES 500 CHEEK SPARGER COLLEYVILLE, TX VILLAS DEL MAR HOA INC 300 DEL MAR CT COLLEYVILLE, TX MARTIN, GLORIA M 306 DEL MAR CT COLLEYVILLE, TX LORIA, LEONARD P 304 DEL MAR CT COLLEYVILLE, TX WOODBRIAR ESTATES ADDITION 3700 SWEETBRIAR COLLEYVILLE, TX BRIDLEWOOD ESTATES 4110 COACHMAN COLLEYVILLE, TX WOODS OF COLLEYVILLE ADDN, THE 4024 TREEMONT CIRCLE COLLEYVILLE, TX WOODBRIAR NORTH ADDITION 3700 SWEETBRIAR COLLEYVILLE, TX HURST EULESS BEDFORD ISD 1849 CENTRAL DR BEDFORD, TX ORDINANCE O-22-2199 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.382 ACRES, BEING LOT 6, BLOCK 9, OF WOODBRIAR ESTATES ADDITION LOCATED AT 412 BRIARCLIFF COURT, BY AUTHORIZING A SPECIAL USE PERMIT FOR A FENCE TO ENCROACH INTO THE STREET SIDE YARD SETBACK ON 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 fence to encroach into the street side yard setback for a corner lot, Case No. ZC22-010; 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 all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance O-22-2199 Page 2 of 3 authorizing a Special Use Permit to encroach into the street side yard setback for a corner lot on lot on 0.382 acres, being Lot 6, Block 9, of Woodbriar Estates Addition, located at 412 Briarcliff Court, as depicted on the attached as Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to an eight foot wood fence to encroach into the street side yard setback and be located on the property line. b. The fence shall be generally consistent with the zoning exhibits as depicted on the attached Exhibit “B”. c. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance O-22-2199 Page 3 of 3 Sec. 8.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 5th day of April 2022. The second reading and public hearing being conducted on the 19th day of April 2022. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE 19TH DAY OF APRIL 2022. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Zoning Exhibits City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 4/5/2022 Number Ordinance O-22-2193 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for an accessory building to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC21-036 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation Second Reading and Public Hearing The City Council tabled the item to allow for an associated Special Use Permit for a new fence to be considered at the same meeting as this request. Just prior to the meeting on March 2, 2022, it was determined that the fence along the street side property line was replaced and expanded in early 2019. A Special Use Permit is needed for approval of the new fence and staff is processing a case that will bring the item before the City Council for second reading on April 19, 2022. The applicant was present at the first reading and understands the reason for the tabling of this item. First Reading and Public Hearing Gene Kovach, the applicant, has submitted a request for a Special Use Permit (SUP) for an accessory building to encroach into the required street side yard setback on Lot 6, Block 9, of the Woodbriar Estates Addition, being approximately 0.382 acres, and zoned R-15 Single Family Residential district. The purpose is to allow a proposed patio cover to encroach into the required street side yard setback. Existing Conditions/Background: The subject property, 412 Briarcliff Court, has R- 15 zoning and is located on the north side of Briar Court west of the intersection with Oakbriar Lane. The subject property has an existing single family home. The request is for a new 300 s.f. patio cover to encroach into the street side yard setback. SUP Request: Request – The applicant is requesting approval of an SUP to allow for a 300 s.f. patio cover to encroach into the required street side yard setback a distance of five feet from the property line. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of City Council Agenda Briefing 6a City of Colleyville Page 2 the Land Development Code establishes the maximum size and number of accessory buildings to be permitted by staff on a residential lot: “2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed four percent (4%) of the aggregate area of the lot. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from the requirement for the maximum number of accessory buildings. 3. Setbacks: b. No accessory building shall be erected in any required yard, as defined in Chapter 2 – Definitions, except as set forth herein. 6. Special Use Permit Provision: Any request for a building permit for an accessory building which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code." The applicant is requesting to allow for a 300 s.f. patio cover to encroach into the required street side yard setback. There is a new pool being constructed in the location of a previous pool and the patio cover would serve as shade near the pool. The required setback is 30 feet. The proposed setback is five feet. Analysis: Any request for an accessory building encroaching into the required street side yard setback shall only be authorized after approval of a Special Use Permit by the City Council. Plat Status: The property is platted as Lot 6, Block 9, in the Woodbriar Estates Addition. DRC Review: The DRC met on December 20th and offered the applicant the following comments: 1. The pergola encroaches into the required street side yard setback. Staff will be recommending denial of the SUP request due to technical non-compliance with the Land Development Code. Drainage: NA Surrounding Development: The properties to the north, south, east, and west are zoned R-15 Single Family Residential and contain single family residential development. Public Notification: Staff mailed notices to all property owners within 500 feet as City Council Agenda Briefing 6a City of Colleyville Page 3 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. Staff Recommendation: Staff recommends denial of the patio cover due to technical non-compliance with the Land Development Code. The Land Development Code allows for an accessory building which does not meet the Land Development Code criteria to seek an SUP. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their February 14, 2022, meeting by a vote of 5-0. Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Plat (Property) 5.Plat (Subdivision) 6.Site Plan 7.Aerial View (Property) 8.Aerial View (Neighboring Properties) 9.Fence Street View 10.Updated Pergola Design 11.Conceptual Design 12.ONCOR Approval Letter 13.Pool Barrier Certification 14.Notification Map 15.Notification Letter 16.Notification List 17.Letters of Opposition 18.Letter of Support 19.Ordinance O-22-2193 3713 4103 4020 4025 310 3717 4001 309 308 37203717 3901 4001 404 219 4100 4101 4102 3905 200 212 3809 3709 313 3713 303 602 605 4004 4009 3809 4103 4005 4024 3909 4103 401 3716 412 3712 4013 3924 204 3708 3913 4008 4100 312 39093916 3708 3804 308 305 3721 207 609 307 203 4103 3717 4005 4106 4017 3917 3712 3921 208 4101 3813 3719 412 401 409 400 304 301 4021 405 3805 215 4102 3725 3712 208 405 300 4101 3721 3708 4006 3716 3713 3913 3905 3708 408 210 3716 302 3805 400 3801408 3801 3711 4100 312 3920 3805 3712 37093709 4010 3809 4101 4013 4002 3724 313 41014100 3723 3716 309 3700 218 404 4102 3801 300 4009 3925 4000 3917 3720 3915 3715 601 309 517413513409401417301509505501305 500299 306304 405 4000 CH E E K S P A R G E R R O A DFELPS DRIVEFELPSCOURTGREENBRIARL A N ESTEEPLECHASEDRIVE AUTUMN OAKS B R I D L E W O O D S ROSEBRIAR LANETREEMONT CIRCLEBROWN TRAILOAKBRIAR LANEBRIARHAVEN LANETREEMONTCOURTTREEMONTCIRCLEDEL MA R C O U R T B R IA R C L IFF 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. ZC21-036 K412 Briarcliff Court Subject Property 3713 4103 4020 4025 310 3717 4001 309 308 37203717 3901 4001 404 219 4100 4101 4102 3905 200 212 3809 3709 313 3713 303 602 605 4004 4009 3809 4103 4005 4024 3909 4103 401 3716 412 3712 4013 3924 204 3708 3913 4008 4100 312 39093916 3708 3804 308 305 3721 207 609 307 203 4103 3717 4005 4106 4017 3917 3712 3921 208 4101 3813 3719 412 401 409 400 304 301 4021 405 3805 215 4102 3725 3712 208 405 300 4101 3721 3708 4006 3716 3713 3913 3905 3708 408 210 3716 302 3805 400 3801408 3801 3711 4100 312 3920 3805 3712 37093709 4010 3809 4101 4013 4002 3724 313 41014100 3723 3716 309 3700 218 404 4102 3801 300 4009 3925 4000 3917 3720 3915 3715 601 309 517413513409401417301509505501305 500 299 306304 405 4000 CH E E K S P A R G E R R O A DFELPS DRIVEFELPSCOURTGREENBRIARL A N ESTEEPLECHASEDRIVE AUTUMN OAKS B R I D L E W O O D S ROSEBRIAR LANETREEMONT CIRCLEBROWN TRAILOAKBRIAR LANEBRIARHAVEN LANETREEMONTCOURTTREEMONTCIRCLEDEL MAR COURTB R IA R C L IFF COURT R-MF AGCNCC-1 R-15 R-20 R-20 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. ZC21-036 K412 Briarcliff Court Subject Property 310 309 4001 404 313 303 4009 4005 401 412 4013 312 39093916 305 307 4017 3813 412 401 409 400 301 405 3805 405 3905 408 400 314 3801408 312 3809 313 309 3700 404 3925 4000 500299 DEL MAR COURTCH E EK S P A R G ER R O A D OAKBRIAR LANEB R I A R C L I F F COURT 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. ZC21-036 K412 Briarcliff Court Subject Property Residential Institutional Open Space; Parks 3713 204 4020 4025 310 3717 4001 309 308 37203717 3901 4001 404 3705 219 4100 4101 3905 200 4012 212 3809 3709 313 133 3717 3713 303 602 4004 4009 3809 3713 4005 4024 3909 401 3716 412 3712 4013 3924 204 3910 3705 3708 3913 4008 4000 4008 4100 312 39093916 3708 3804 308 305 3721 3704 207 307 203 3717 4005 4017 134 3917 3712 3921 208 4101 3912 3813 3719 412 401 409 3914 400 304 301 4021 405 3805 215 3725 3712 208 3705 405 300 4101 3721 3708 4006 3716 3713 3704 3913 3709 4100 3905 3708 408 210 3716 302 3805 400 3704 3801408 3801 3711 4100 312 3920 3805 3712 37093709 4010 3809 4013 4002 3724 313 4101 4004 4100 3723 3716 309 3700 218 3705 404 3707 3801 300 4009 3925 4000 3917 3720 3915 3715 309 517413513409401417301509505501305 500299 306304 405 4000 FELPS DRIVEFELPSCOURTSTEEPLECHASEDRIVECH E E K S P A R G E R R O A D A C U F F L A N E GREENBRIA R L A N E B R I D L E W O O D S TREEMONT CIRCLEOAKBRIAR LANEROSEBRIAR LANEBRIARHAVEN LANETREEMONTCIRCLEDEL MA R C O U R T TREEMONTCOURTB R IA R C L IFF 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. ZC21-036 K412 Briarcliff Court Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, January 10, 2022 at 7:00 p.m. City Council Meetings: Tuesday, February 1, 2022 & Tuesday, February 15, 2022 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for an Accessory Building to be closer than allowed to a property line. The purpose of the request is to allow for an accessory building to encroach into the required 30 feet street side yard setback. Zoning Case:ZC21-036 Applicant:Gene Kovach Owner: Shelly Horton Location:412 Briarcliff Court Property Description:Lot 6, Block 9, Woodbriar Estates Addition Present Zoning:R-15 Single Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Owner Name Owner Address Owner City GREENHAW, JOE E 4020 TREEMONT CIR COLLEYVILLE, TX SCHECHINGER, SHERRI 4025 TREEMONT CIR COLLEYVILLE, TX SEWELL, LILA J 310 DEL MAR CT COLLEYVILLE, TX CEKUTA, CHRISTOPHER 309 BRIARCLIFF CT COLLEYVILLE, TX VARDELL, WAYNE 4001 TREEMONT CIR COLLEYVILLE, TX JONES, DAN W 404 GREENBRIAR LN COLLEYVILLE, TX MATHIS, SABRA A 219 CHEEK SPARGER RD COLLEYVILLE, TX EVANS, JON R 313 BRIARCLIFF CT COLLEYVILLE, TX SAGMAN, MAZIN 303 DEL MAR CT COLLEYVILLE, TX ROWE, THOMAS 4004 STEEPLE CHASE DR COLLEYVILLE, TX ROMERO, MATTHEW 4009 TREEMONT CIR COLLEYVILLE, TX FREMAUX, EDWARD 4005 TREMONT CIR COLLEYVILLE, TX TRIMARCHI, MARK 4024 TREEMONT CIR COLLEYVILLE, TX THOMPSON, CHRISTI 401 CHEEK SPARGER RD COLLEYVILLE, TX HORTON, SHELLY 412 BRIARCLIFF CT COLLEYVILLE, TX BURNS, ROBERT H 4013 TREEMONT CIR COLLEYVILLE, TX SANDERS, GARY 3924 TREEMONT CIR COLLEYVILLE, TX KLAMT, LYNN RAY 312 BRIARCLIFF CT COLLEYVILLE, TX LOGAN, EVERETT 3909 OAKBRIAR LN COLLEYVILLE, TX BEAVER, JAMES A 3916 OAKBRIAR LN COLLEYVILLE, TX GORE, LINDA PO BOX 1828 COLLEYVILLE, TX SCHLECH FRANCES C REVOCABLE TR 305 DEL MAR CT COLLEYVILLE, TX ROBERTS, SHONNA K 3721 BRIARHAVEN LN COLLEYVILLE, TX CAMPBELL, CANDACE 3601 SAN BAR LN COLLEYVILLE, TX MIRIAM P BROYLES REVOCABLE TRU 8213 SANDHILL CRANE DR FORT WORTH, TX COSTON, ROGER A 4017 TREEMONT CIR COLLEYVILLE, TX ANDERSON, JOHN 3921 TREEMONT CIR COLLEYVILLE, TX LACEY, EDWARD 208 BRIARCLIFF CT COLLEYVILLE, TX POLK, LISA 3813 OAKBRIAR LN COLLEYVILLE, TX HINSON, DANA Y 412 GREENBRIAR LN COLLEYVILLE, TX BAUGUS, MITCHELL 401 BRIARCLIFF CT COLLEYVILLE, TX WALKER, RANCE LEE ANN 409 BRIARCLIFF CT COLLEYVILLE, TX BUDRI, AZIZ K 400 GREENBRIAR LN COLLEYVILLE, TX GIAMANCO, TIFFANY 301 DEL MAR CT COLLEYVILLE, TX CALDWELL, AL J 4021 TREEMONT CIR COLLEYVILLE, TX THE ROTH FAMILY LIVING TRUST 405 BRIARCLIFF CT COLLEYVILLE, TX NOEL, RUSSELL 3805 OAKBRIAR LN COLLEYVILLE, TX MARINO, ROBERT A 3725 OAKBRIAR LN COLLEYVILLE, TX HOPPER, NORMAN E 405 CHEEK SPARGER RD COLLEYVILLE, TX MOTLEY, TRAVIS 3913 FELPS DR COLLEYVILLE, TX NOWELL, KIMBERLY M.3905 OAKBRIAR LN COLLEYVILLE, TX BOYD, JAMES M 408 BRIARCLIFF CT COLLEYVILLE, TX DE SARNO, ROGER B 302 DEL MAR CT COLLEYVILLE, TX NORTHEAST CONSTR CO INC 5137 DAVIS BLVD NORTH RICHLAND HILLS, TX KELLEY, J ROLAND 400 BRIARCLIFF CT COLLEYVILLE, TX VILLAS DEL MAR HOA INC 300 DEL MAR CT COLLEYVILLE, TX HEDGES, DAVID J 3801 OAKBRIAR LN COLLEYVILLE, TX TABORSKY, ANNA 408 GREENBRIAR LN COLLEYVILLE, TX THOMAS, STEVE R 312 GREENBRIAR LN COLLEYVILLE, TX DEANGELO, DANIEL 3920 TREEMONT CIR COLLEYVILLE, TX DIVER, MICHAEL 3809 OAKBRIAR LN COLLEYVILLE, TX NORDELL, RYAN M 4002 STEEPLECHASE DR COLLEYVILLE, TX SAUNDERS, JOHN 4104 TRAIL BEND CT COLLEYVILLE, TX HUGHEY, PAUL 309 CHEEK SPARGER RD COLLEYVILLE, TX WOOD OF COLLEYVILLE HOA 4025 TREEMONT CIR COLLEYVILLE, TX CHARTIER, MELISSA 218 CHEEK SPARGER RD COLLEYVILLE, TX MILLER, ROSS 404 BRIARCLIFF CT COLLEYVILLE, TX EASTABROOK, MICHAEL K 300 DEL MAR CT COLLEYVILLE, TX ALDERETE, WESLEY 3925 TREEMONT CIR COLLEYVILLE, TX SCHWEIKHARD, WILLIAM 4000 STEEPLECHASE DR COLLEYVILLE, TX GARMAN, DONALD J 3720 OAKBRIAR LN COLLEYVILLE, TX ISLAMIC ASSOC OF MID CITIES 500 CHEEK SPARGER COLLEYVILLE, TX VILLAS DEL MAR HOA INC 300 DEL MAR CT COLLEYVILLE, TX MARTIN, GLORIA M 306 DEL MAR CT COLLEYVILLE, TX LORIA, LEONARD P 304 DEL MAR CT COLLEYVILLE, TX WOODBRIAR ESTATES ADDITION 3700 SWEETBRIAR COLLEYVILLE, TX BRIDLEWOOD ESTATES 4110 COACHMAN COLLEYVILLE, TX WOODS OF COLLEYVILLE ADDN, THE 4024 TREEMONT CIRCLE COLLEYVILLE, TX WOODBRIAR NORTH ADDITION 3700 SWEETBRIAR COLLEYVILLE, TX HURST EULESS BEDFORD ISD 1849 CENTRAL DR BEDFORD, TX ORDINANCE O-22-2193 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.382 ACRES, BEING LOT 6, BLOCK 9, OF WOODBRIAR ESTATES ADDITION LOCATED AT 412 BRIARCLIFF COURT, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING TO ENCROACH INTO THE STREET SIDE YARD SETBACK ON 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 accessory building to encroach into the street side yard setback for a corner lot, Case No. ZC20-036; 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 all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance O-22-2193 Page 2 of 3 authorizing a Special Use Permit to encroach into the street side yard setback for a corner lot on lot on 0.382 acres, being Lot 6, Block 9, of Woodbriar Estates Addition, located at 412 Briarcliff Court, as depicted on the attached as Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to a 300 s.f. pergola to encroach into the street side yard setback. b. The accessory building shall be generally consistent with the site plan and building plans as depicted on the attached Exhibit “B”. c. The accessory building shall be generally consistent with the building elevations and floor plan as depicted on the attached Exhibit “C”. d. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-22-2193 Page 3 of 3 Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT 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 2nd day of March 2022. The second reading and public hearing being conducted on the 22nd day of March 2022. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE 22ND DAY OF MARCH 2022. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Abs Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Abs Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevation RESOLUTION R-22-4715 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 5, 2022 WHEREAS, City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 5TH DAY OF APRIL 2022. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor