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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-6/9/2015 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 9, 2015 City Council Chambers 7:15 PM CITY COUNCIL CHAMBERS THIRD FLOOR CALL TO ORDER PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES April 14, 2015 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to the lot coverage requirements by buildings in Chapter 3 – Land Use of the Land Development Code on Lot 4, Block 1, of the St. Andrews Estates Addition, located at 5900 St. Andrews Court, Case VC15-003 2b Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 1R, Block 2, of the Ratliff Addition, located at 5320 Pleasant Run Road, Case VC15-005 2c Consideration of a variance to allow for the expansion of a non- conforming use on Lot 2, Block 1, of the Village Park Addition, located at 1005 Glade Road, Case VC15-006 3. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards June 5, 2015 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Zoning Board of Adjustment Agenda June 9, 2015 City of Colleyville Page 2 Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 14, 2015 City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on April 14, 2015 at 7:20 p.m. Roll Call Present: Board members Jason Elms, Mark Collier, Larry Kainer (Alternate 1), and Dee McNosky Absent: Board members Dee Kamerman (Alternate 2), Judson Orlando, and Mike Leathers Staff Present: Patia Boomsma and Taci Wrisley 1. APPROVAL OF MINUTES Board member Elms made a motion to approve the minutes as written. Board member Kainer seconded. The motion to approve the minutes as written carried by the following vote: Aye: 4 – Elms, Collier, Kainer, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 7R2, Block 1, of the Tillman Acres Addition, located at 7504 John McCain Road, Case VC15-002 Patia Boomsma presented the case and briefed the Board. The public hearing was opened at 7:25 p.m. Chris Gruensfelder, the applicant, came forward and briefed the Board. Zoning Board of Adjustment Minutes April 14, 2015 City of Colleyville Page 2 Board member Elms questioned Mr. Gruensfelder regarding the fence material and height of the fences of the adjacent properties and the neighborhood. Mr. Gruensfelder replied they are mismatched, building material and height. Board member Elms questioned staff regarding if the requested variance was specifically for the location of the proposed fence. Patia Boomsma replied yes, due to the building setback line. Board member Elms questioned Mr. Gruensfelder regarding whether the gate would be a swinging gate or a rolling gate. Mr. Gruensfelder replied it would be a 14 foot swinging gate. Board member McNosky questioned Mr. Gruensfelder regarding whether the stone columns would create a visibility issue. Mr. Gruensfelder replied no. Mr. Gruensfelder stated the homeowner also has concerns with cars being parked on the road, in front of their home. Board member McNosky questioned Mr. Gruensfelder if this residence was part of a homeowner’s association. Mr. Gruensfelder replied no. Board member Collier questioned staff regarding whether the property owner would need a variance if they had an additional 10,000 square feet of property. Patia Boomsma replied no, they would just need to apply for a building permit. Derek Neubauer, the property owner, came forward and briefed the Board. Board member McNosky questioned Mr. Neubauer regarding if his intent was to tie the proposed fence into the existing stone column at the property line. Mr. Neubauer replied yes. Board member Collier questioned Mr. Neubauer regarding if other properties in the neighborhood had fences across the front yard. Mr. Neubauer replied yes, several. Discussion continued regarding fences in the neighborhood. There being no one else wishing to speak, the public hearing was closed at 7:40 p.m. Board member Elms stated the fence would not look or feel out of Zoning Board of Adjustment Minutes April 14, 2015 City of Colleyville Page 3 place given the topography of the property. Board member Elms made a motion to approve Case VC15- 002. Board member Kainer seconded. Board member McNosky stated she concurred with Board member Elms. The motion to approve Case VC15-002 carried by the following vote: Aye: 4 – Elms, Collier, Kainer, and McNosky 3. ADJOURNMENT The meeting adjourned at 7:42 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on June 9, 2015 by a vote of _____. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2a Agenda Date 06/09/2015 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to the lot coveragerequirements by buildings in Chapter 3 – Land Use of the Land Development Codeon Lot 4, Block 1, of the St. Andrews Estates Addition, located at 5900 St.Andrews Court, Case VC15-003 Explanation The applicant, Zack Karlovich, is requesting a variance to the lot coverage requirements on Lot 4, Block 1, of the St. Andrews Addition located at 5900 St. Andrews Court. Lot coverage includes the total area of the building footprint (under roof) as a percentage of the total square footage of the property. Existing Conditions. A 4,789 square foot, single story home is currently under construction on the property. Two garages totaling 991 square feet and a covered porch measuring 86 square feet bring the existing lot coverage to 5,866 square feet, or 29.3 percent. The governing zoning district (R20 – Single Family Residential District) stipulates a maximum lot coverage of 30 percent. Variance Request. The applicant is requesting a variance to increase the lot coverage from a maximum of 30 percent to 33 percent to accommodate a covered patio. According to the attached exhibit, the proposed covered area is 6,416 square feet on a 20,034 square foot lot, yielding a lot coverage of 32.03 percent. Lot Coverage. The following are the lot coverage requirements broken down by single family zoning category: PUDR – 50% R15 – 30% R20 – 30% R30 – 25% R40 – 20% RE (Estate) – 20% AG (Agricultural) – 20% Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 2 Land Development Code. Chapter 1, Section 1.16.E.10 of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances to the lot coverage where the literal enforcement of the provisions of the ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. Public Notification. Staff mailed notices to 19 property owners within 200 feet of the site and notified one homeowner association within 500 feet. As of this writing, staff has received no correspondence. Summary. The subject property does not differ from the other parcels of land in the same district by area, shape or slope. The proposed covered patio also appears to be a self-created or personal hardship. Therefore, staff recommends denial. Recommendation Denial Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Lot Coverage Exhibit C H A L F O R D C M N CR E S C E N T L N DUNS TEW PATH LAURA LN ST A N D R E W S C T KA Y S C T CRESCENT WAY TAPPEN SHIRE 0 6008 724 727 719 0 720 720 5904 719 5900 5808 5804 5808 5908 5812 5808 5900 5805 5809 5812 5905 5813 5816 5901 5805 5905 5809 5813 5901 5812 5909 5804 59125908 5911 5907 5841 5825 5849 5829 5833 5837 5915 5903 5845 5909 5821 5919 58005815 5802 5801 7165801 723 719 R-20 R-20R-20 PUD-R / Subject Property Location and Zoning Map C H A L F O R D C M N CR E S C E N T L N DUNS TEW PATH LAURA LN ST A N D R E W S C T KA Y S C T CRESCENT WAY TAPPEN SHIRE 0 6008 724 719 727 720 720 719 5904 5900 5808 5804 5808 5908 5812 5808 5900 5809 5812 5905 5813 5816 5901 5805 5905 5805 5809 5813 5901 0 5812 5909591259085909 5804 5911 5907 5841 5825 5849 5829 5833 5837 5915 5903 5845 5821 5919 5815 5802 5803 723 5800 719 716 715 716 / Subject Property Aerial C H A L F O R D C M N CRYSTALWAY K A Y S C T CR E S C E N T L N DUNS TEW PATH LAURA LN ST A N D R E W S C T KA Y S C T CRESCENT WAY W L D LOCKETT RD TAPPEN SHIRE LOCKLEY WAY HE R O N P O N D E 0 5802 0 716 6008 712 719 724 719 716 723 720 715 715719 716720 715 727 7275912 5803 5908 5904 5900 5808 5913 5804 5808 5800 5908 5812 6000 5808 5900 5912 5804 5801 5909 5805 5809 5812 5905 5801 5813 5816 5901 5805 5905 5809 5813 5901 5909 5913 5801 5800 5812 724 71660017206004 6025 5927 5811 5911 5907 5841 5825 5849 5829 5923 5833 5837 5915 5903 5845 5931 5807 5917 5815 5821 5935 5919 5922 5910 5918 5902 5842 5914 5834 5846 5906 5838 5830 712 0 6024 711 5802 712 5803 6021 6032 712 711 711 801 5808 6100 / Subject Property Case VC15-003 5900 St Andrews Ct. Legend Properties within 200 feet Subject property Parcels Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address KIME DENNIS JAKE 5901 KAYS CT COLLEYVILLE Texas 76034 5901 KAYS CT DUSTIN AUSTIN ENTERPRISES INC 700 W HARWOOD RD STE G2 HURST Texas 76054 5808 ST ANDREWS CT DUSTIN AUSTIN ENTERPRISES INC 700 W HARWOOD RD STE G2 HURST Texas 76054 5812 ST ANDREWS CT MCCH INDUSTRIES LLC 5900 ST ANDREWS CT COLLEYVILLE Texas 76034 5900 ST ANDREWS CT AZER MERVAT N 5805 KAYS CT COLLEYVILLE Texas 76034 5805 KAYS CT LINDBLOM SCOTT 5809 KAYS CT COLLEYVILLE Texas 76034 5809 KAYS CT LAVACA ASSOCIATES LLC 5637 SMALLER RD JOHNSTOWN OH 43031 5813 KAYS CT DUSTIN AUSTIN ENTERPRISES INC 700 W HARWOOD RD STE G2 HURST Texas 76054 5805 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5809 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5813 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5901 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5905 ST ANDREWS CT CAMPANILE GLENN A 5812 CHALFORD CMN COLLEYVILLE Texas 76034 5812 CHALFORD COMMON HANKINS JEREMY 5816 CHALFORD CMN COLLEYVILLE Texas 76034 5816 CHALFORD COMMON THORNE JENNIFER 5808 KAYS CT COLLEYVILLE Texas 76034 5808 KAYS CT L T ESTATES HOA INC 215 W COLLEGE ST GRAPEVINE Texas 76051 5812 KAYS CT BOOTS BRIAN 5900 KAYS CT COLLEYVILLE Texas 76034 5900 KAYS CT ELLISON JOHN 5905 KAYS CT COLLEYVILLE Texas 76034 5905 KAYS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS T Texas 75225 5908 ST ANDREWS CT COVINGTON COLLEYVILLE HOA INC 1221 N INTERSTATE CARROLLTON Texas 75006 6008 CHALFORD COMMON ZACK KARLOVICH 550 HWY 5 FAIRVIEW TEXAS 75069 APPLICANT Public hearing notices were mailed Thursday, May 21, 2015 by Taci Wrisley Lo t C o v e r a g e E x h i b i t City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2b Agenda Date 06/09/2015 Number Type Public Hearing Agenda Items Department Community Development Title Request for avariance to certain provisions of Section 3.26 Fences, Free Standing Walls, andScreening Materials of the Land Development Code on Lot 1R, Block 2, of theRatliff Addition, located at 5320 Pleasant Run Road, Case VC15-005 Explanation The applicant, Gary Belue, is requesting a variance to the screening requirements for commercial properties located adjacent to residential properties on Lot 1R, Block 2 of the Ratliff Addition, located at 5320 Pleasant Run Road. Existing Conditions and Zoning. The subject property is zoned CN – Neighborhood Commercial District and is undeveloped. It is surrounded by commercial zoning districts on all sides except to the north, which is zoned PUD-R – Planned Unit Development – Residential. There is one residential lot adjacent to the property on its north side, and the other adjacent lot to the north has common open space for the residential development. A six-foot tall wood fence currently exists on the property line. A large native pecan tree is located just to the south of the fence on the subject property. Proposed Development. The applicant proposes to develop an office building on the property. Land Development Code. Section 3.26 D(2)a of Chapter 3-Land Use states: “Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a decorative masonry wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet.” Requested Variance. The applicant is requesting to provide an eight-foot wood privacy fence instead of an eight-foot masonry wall as required by the Land Development Code in order to preserve a large pecan tree located on the property line. The applicant stated in the application letter that the proposal would prevent damage to the tree and its root system.. The proposed fence is board-on-board, double-sided, stained cedar with a cap. Public Notification. Staff mailed notices to 19 property owners within 200 feet of the site. A letter has been received from one of the two abutting property owners, located at 805 Regina Court, stating his support of the project subject to the following Zoning Board of Adjustment Agenda Briefing 2b City of Colleyville Page 2 stipulations: 1. The existing six-foot fence be removed. 2.The new eight-foot fence will be installed along the existing concrete footer. 3.Landscape plantings and trees on 805 Regina Court will not be damaged. If damage occurs, the plant material will be replaced with comparable materials. Summary. While the screening of commercial uses from residential uses is prioritized in the Land Development Code and the 2004 Master Plan, a high level of importance is also placed on preserving trees. Per Section 1.16.G.6. of the Land Development Code, the Zoning Board of Adjustment may prescribe appropriate conditions and safeguards in granting a variance. Given that one of the two adjacent property owners (the only property owner with a home on their lot) is in support of the proposed alternative screening if certain conditions are in place, staff recommends approval with the following conditions: 1. The existing six-foot fence be removed. 2.The new eight-foot fence will be installed along the existing concrete footer. 3.Landscape plantings and trees on 805 Regina Court will not be damaged. If damage occurs, the plant material will be replaced with comparable materials. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Statement of Planning Objectives 6.Letter of Support 7.Site Plan Exhibit REGINA CT P L E A S A N T R U N R D CENTRAL DR 5312 5301 5405 5003 816 815813 5310 5309 814 5300 820 5320 817 5313 5412 811 812 808816 5412 820 804 813 809 805821817 812 800 825 801 824 5232 5301 5405 828 5505 52175226 AG R-20 CN CC-1 PUD-R CC-1 AG R-10 CC-1 CC-1 PUD-C CC-1 / Subject Property L. D. L O C K E T T R D Location and Zoning Map REGINA CT P L E A S A N T R U N R D CENTRAL DR 5312 816 5310 5405 812 814 5309 820 815 5320 817 811 813 5313 5301 825 813 809 805821817 824 816 808 828 801 820 804812 800 5300 5408 715/ Subject Property L. D. L O C K E T T R D Aerial REGINA CT M I S S I O N L N P L E A S A N T R U N R D VERANDA LN THOMAS ST COL L E Y V I L L E B L V D CASA LN VERANDA L N CENTRAL DR 5003 5312 5301 5405 5505 5226 52325217 816 5412 5405 805 5201 815813 5310 5309 1007 814 803 5300 820 811 5412 5320 801 817 713 812 5313 808816820 804 813 5204 809 805821817 812 800 825 824 70 38 709 48 801 76 34427266646268 828 32 5301 2323/Subject Property Case VC15-005 5320 Pleasant Run Road Legend Properties within 200 feet Subject property Parcels Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE Texas 76034 5312 COLLEYVILLE BLVD LALA MARLENE 816 CENTRAL DR COLLEYVILLE Texas 76034 816 CENTRAL DR MITZEL CINDY A 800 REGINA CT COLLEYVILLE Texas 76034 800 REGINA CT JPC REALTY LTD PO BOX 820502 NORTH RICHLAND HILLS Texas 76182 804 REGINA CT HUNKINS RALPH H 808 REGINA CT COLLEYVILLE Texas 76034 808 REGINA CT CHACKO RAIBU 817 REGINA CT COLLEYVILLE Texas 76034 817 REGINA CT GRIFFIN TIMOTHY S 813 REGINA CT COLLEYVILLE Texas 76034 813 REGINA CT BRADLEY MICHAEL 809 REGINA CT COLLEYVILLE Texas 76034 809 REGINA CT SIMPLER RUSSELL W 805 REGINA CT COLLEYVILLE Texas 76034 805 REGINA CT COLLEYVILLE HEIGHTS LLC PO BOX 1132 COLLEYVILLE Texas 76034 801 REGINA CT GROFFMAN STEVEN 815 CENTRAL DR COLLEYVILLE Texas 76034 815 CENTRAL DR FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE Texas 76034 5405 PLEASANT RUN RD CLARKE PRODUCTS INC 820 CENTRAL DR COLLEYVILLE Texas 76034 820 CENTRAL DR DS & RS PROPERTIES LLC 2421 ARBOR GATE LN COLLEYVILLE Texas 76034 5320 Pleasant Run RD HOROBEC JOHN 626 S CHURCH ST GRAPEVINE Texas 76051 5310 PLEASANT RUN RD FIGUEROA ROBERT 817 CENTRAL DR COLLEYVILLE Texas 76034 817 CENTRAL DR FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE Texas 76034 5313 PLEASANT RUN RD FEGAN DENNIS JOHN II 1303 BELLEFONTE LN COLLEYVILLE Texas 76034 5309 PLEASANT RUN RD HART KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE Texas 76034 5301 PLEASANT RUN RD GARY BELUE 12084 N. OAK COURT AZLE TEXAS 76020 APPLICANT Public hearing notices were mailed Thursday, May 21, 2015 by Taci Wrisley Notification List S i t e P l a n E x h i b i t City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2c Agenda Date 06/09/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a variance to allow for the expansionof a non-conforming use on Lot 2, Block 1, of the Village Park Addition,located at 1005 Glade Road, Case VC15-006 Explanation The applicant, Lisa Amend, is requesting a variance to allow for the expansion of a nonconforming use on Lot 2, Block 1, of the Village Park Addition located at 1005 Glade Road. Existing Conditions. The subject property is located at the southwest corner of Glade Road and Bedford Road. It consists of three buildings and contains a variety of tenants. The B. Haute Salon currently occupies 858 square feet of space within the building at 1009 Glade Road, on the hard corner, and is interested in expanding into the building located at 1005 Glade Road directly to the south, which is presently vacant. The proposed 1,742 square foot expansion would bring B. Haute Salon to a total of 2,600 square feet. Variance Request. The applicant is requesting a variance to allow for the expansion of a non-conforming use. The property is zoned PUD-C – Planned Unit Development – Commercial, and the PUD-C (Ordinance O-96-1024) stipulates that all uses must comply with the CPO – Professional Office District. However, the CPO zoning district does not permit beauty shops or day spas. This limitation appears to have been overlooked when the applicant was issued a Certificate of Occupancy for the beauty shop use in 2014. Land Development Code. Chapter 3.7.C.1. states that “No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the original zoning ordinance.” Chapter 1.16. of the Land Development Code authorizes the Zoning Board of Adjustment to permit the enlargement of a nonconforming use. PUD Amendment. The applicant has indicated a desire to amend the uses permitted by the governing PUD-C to include beauty salons and day spas, among others. This process will take approximately three months to complete with a public hearing by the Planning and Zoning Commission and two readings at City Council. A variance from the Zoning Board of Adjustment to allow expansion of the nonconforming use is a temporary measure intended to quickly accommodate the tenant who is currently operating on the subject property. Zoning Board of Adjustment Agenda Briefing 2c City of Colleyville Page 2 Public Notification. Staff mailed notices to 19 property owners within 200 feet of the site and notified one homeowner association within 500 feet. As of this writing, staff has received no correspondence. Summary. The use is currently operating and has demonstrated that it is compatible with the other tenants in the complex. In addition, the applicant has stated that they plan to amend the PUD-C to permit the proposed/existing uses to include beauty salons and day spas. Therefore, staff recommends approval of the variance request with the following condition: 1. The applicant submit a complete application for a PUD-C to amend the permitted uses to include beauty salons and day spas for consideration and action by the Planning and Zoning Commission and City Council by the end of 2015. Upon submittal of a PUD Amendment as referenced above, staff will perform an independent analysis of the request. Should this application for variance be approved by the ZBA, it is in no way an indication of staff recommendation on a subsequent PUD Amendment or an indication of the City’s willingness to amend the governing PUD-C for the property. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Letter of Intent 6.Floor Plan 7.Ordinance O-96-1024 GLA D E C R E E K D R LAKEWOOD DR OLD GLADE RD TH O M P S O N T E R JO CAROL LN OA K T I M B E R S C T 5005 710 800 1105 4800 4000 1101 1105 707 1100 1009 5000 1104 1104 1100 1100 1001 1104 5003 1108 1112 4921 5004 4917 4905 1109 700 905 5001 5005 5000 1005 4928 4925 5009 4909 5005 4913 1108 5004 1105 4922 4901 5008 49324801 1117 49354843 4913 1100 R-20 CC-1 R-MF CC-2 PUD-C PUD-C PUD-R CN PUD-C CN PUD-C CC-1 / Subject Properties BE D F O R D R D GLA D E R D Location and Zoning Map LAKEWOOD DR OLD GLADE RD THOM P S O N T E R JO CAROL LN OA K T I M B E R S C T 710 800 5005 1105 4800 4000 1101 1100 1009 1104 5000 1105 1001 1104 1100 4921 4917 5001 5005 5000 1005 4925 5004 49054909 11004913 1104 5003 707 1112 4935 1108 / Subject Properties BE D F O R D R D GLA D E R D Aerial VILLA G E LN SABINE CT GARRY LYNNE DR GLA D E C R E E K D R BE D F O R D R D EDGEWATERCT LAKEWOOD DR OLD GLADE RD T H O M P S O N T E R JO CAROL LN OA K T I M B E R S C T 5005 710 800 1105 4800 4000 5005 1104 5004 1101 1100 1105 707 1100 1009 5000 1104 1104 4922 11005009 1001 1112 5010 5003 1108 5004 1100 4917 4905 5016 5001 5005 5000 1005 4925 4932 5017 4909 4901 5008 1104 1004 4821 1105 5012 4921 905 1108 1101 4928 1109 700 1105 4801 4913 4910493649144918 5013 4944 10081012 4935 4940 1117 1109 5000 4843 4913 5013 / Subject Properties Case VC15-006 BE D F O R D R D 1001, 1005, & 1009GLADE RD GLA D E R D Legend Properties within 200 feet Subject Properties Parcels Buffer Map Owner_Name Owner Address Owner City Owner State Owner Zip Situs Address Y2KITCHEN PROPERTIES LLC 5003 COLLEYVILLE BLVD COLLEYVILLE TEXAS 76034 710 GLADE RD ROBLES YVONNE 3100 HAMILTON AVE APT 2139 FORT WORTH TEXAS 76107 800 GLADE RD KING DALE L PO BOX 371 COLLEYVILLE TEXAS 76034 5000 OAK TIMBERS CT BONEY MICHAEL 4925 LAKEWOOD DR COLLEYVILLE TEXAS 76034 4925 LAKEWOOD DR GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE TEXAS 76034 1009 GLADE RD ADVENIAT REGNUM TUUM, LLC.1203 S WHITE CHAPEL BLVD STE 2 SOUTHLAKE TEXAS 76092 1105 GLADE RD PETERSON BARBARA LISA 1104 JO CAROL ST COLLEYVILLE TEXAS 76034 1104 JO CAROL LN HOLLAND AXEL 1100 JO CAROL ST COLLEYVILLE TEXAS 76034 1100 JO CAROL LN MOORE VICKI LYNN EST PO BOX 134 COLLEYVILLE TEXAS 76034 1101 JO CAROL LN DREAM MARRIAGE LLC 2968 HARBOR COVE DR LAS VEGAS NV 89128 5001 THOMPSON TERR DELGADO MARK ETAL 5000 THOMPSON TERR COLLEYVILLE TEXAS 76034 5000 THOMPSON TERR WINDY PINE PLACE LP 12815 SE RIVERCREST DR VANCOUVER WA 98683 5005 THOMPSON TERR THOMPSON BENJAMIN ETUX YEE-PIN 1100 GLADE RD COLLEYVILLE TEXAS 76034 1100 GLADE RD GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE TEXAS 76034 1001 VILLAGE PARK DR HOA - LAKEWOOD ESTATES 6707 BRENTWOOD STR RD FORT WORTH TEXAS 76112 4921 LAKEWOOD DR REYES STEVE 4905 LAKEWOOD DR COLLEYVILLE TEXAS 76034 4905 LAKEWOOD DR SEHAT MAJID 2415 LAUREL VALLEY CT ARLINGTON TEXAS 76006 4800 BEDFORD RD GLADE RD CAPITAL LLC PO BOX 1821 COLLEYVILLE TEXAS 76034 1005 VILLAGE PARK DR Sandlin, Scott 5137 Davis Blvd North Richland Hills TEXAS 76180 004800 Bedford Rd LISA AMEND 1725 E. SOUTHLAKE BLVD #100 SOUTHLAKE TEXAS 76092 APPLICANT Public hearing notices were mailed Thursday, May 21, 2015 by Taci Wrisley Notification List Patia, I will be there to speak with the owners on behalf of their request for the variance. So I will write this as though I am speaking to the ZBA panel directly. On behalf of the owners, Terry and Susan Lyons, 17 year Colleyville residents and business owners, I have come before you to request a temporary, non-conforming use variance on Ordinance O-96-1024, legally recorded on their commercial property located at 1001, 1005 and 1009 Glade Road, Colleyville, Texas, 76034. The Property consists of 3 buildings with a total square footage of +/- 15,000 of Usable Square Feet. The existing tenants are Mr. Jims Pizza, Girly Girl clothing and accessories, Alicia Costello Chiropractor, Classic Custom Hair Salon and B.Haute Salon. Building 1005 is currently vacant. BHaute Salon in Building 1001 has entered lease negotiations with my client/owners to expand their business from their existing 858 SF to add a contiguous +/- 1,742SF totaling +/-2,600 SF of total space. BHaute currently has two hairdressers, a spray tanning module and accessories booth that sells clothing, jewelry, cosmetics and hair products. BHaute Salon was issued a certificate of occupancy by the City of Colleyville when she first moved into the property back in October 1, 2014. Her business is thriving and has more products, stylists and vendors who want to add to her array of products and services. They would like to add two massage therapists, and 4-5 stylists to their business model. When my client/owners went to the city to verify that this tenant could expand within their building, the request was denied. The owner was told that BHaute was a “non-conforming use” under their current PUD-C zoning and use allowances. My client has now started preparations for the application process to change the ordinance, and make it “conforming” for this and all tenants within the property. This change will remove the CPO allowable uses and add that the property comply with all CC1 allowable uses. The owner of the property intends to obtain approval of an amended PUD-C zoning before December 31, 2015. However, the process will take about a total of four months with construction and permitting process causing loss of capital to both their BHaute Tenant and the owner if they have to wait until September/October while they go thru the PUD-C zoning amendment process before the City of Colleyville’s P&Z and City Council members. As mentioned, we are here tonight to request the approval for a “non-conforming use” variance to Ordinance O-96-1024 for Tenant expansion. F l o o r P l a n ORDINANCE 0-96-1024 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.688 ACRES OUT OF THE T.J. POLSON SURVEY, ABSTRACT 1248, TRACTS 18, 182, 181, 1818, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE CC-1 (VILLAGE RETAIL) AND R20 (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE 20,000 S.F.) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT- COMMERCIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by William Mitchell, President, Cavallino Properties, L TD, on March 05, 1996 under Case No. Z-96-052; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the CC-1 and R20 districts to the PUD-C district Ordinance 0-96-1024 Page 2 of 7 together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to: the Statement of Planning Objectives which is Attachment 1 to this ordinance; the Conceptual Site Plan, which is Attachment 2 to this ordinance; and subject to the following conditions: A, Final location of buildings subject to horizontal site distance limitation to be approved by the Development Review Committee and noted on the final plat. B. The following tree preservation plan: 1, Total preservation on site shall be required for all trees with a diameter of 20 inches or greater. 2. After preservation of all trees 20 inches or greater, 100% exemption of Mulberry and Cottonwood trees under the building foot print shall be permitted and a 90% exemption of all other caliper inches under the foot print shall be permitted. 3. After a calculation of the total caliper inches outside the footprint including those trees which must be preserved, 20% of the caliper inches outside the foot print shall be exempt. C. With the exception of setback requirements established by this concept drawing and the final plat, all other land use, area, parking, landscaping, screening, design and administrative provisions of the CPO district shall apply, Sec. 2.Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such, Sec. 3,The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law, Ordinance 0-96-1024 Page 3 of 7 AND IT IS SO ORDERED. Th~$~ i reading and public hearing being conducted on the 1996. Th}A~eynd reading and public hearing being conducted on the 1996. CITY OF COLLEYVILLE ctJdL Ed Baker Mayor Je Harris, CMC City Secretary A* MAND LEGALITY: Ross T. Foster City Attorney J~~ day of 7 ~ day of J' COL\...t.' 38 R-20 I 181A I 1V RMF-SUP 4 I 11 I 8 7 1 o 11 12 13 1415 16 17 18 I 10 I 11 ORDINANCE 0-96-1024 EXHIBIT "A" EXHIBIT A ZONING CHANGE REQUEST from CPO & R-20 to PUD-C PROPERTY DESCRIPTION BEING all that certain tract, parcel, or lot ofland located in the T. J. POLSON SURVEY, Abstract No. 1248, Tarrant County, Texas, and more particularly described as follows BEGINNING at a point at the intersection of the south right-of-way line of Glade Road (a 6S foot right-of-way) and the west right-of-way line of Bedford Road (a variable width right-of-way); THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE S 00001'31 w E, 282.71 feet along the west right-of-way line of said Bedford Road; departing said west right-of-way line N S~4'43w W, 161.0S feet to a point; North, 10.49 feet to a point; S 880S7'24w W, 116.S7 feet to a point; N SgoSS'24w W, 117.93 feet to a point in the southerly right-of-way line of Village Park Drive a 70 foot right-of-way dedicated to the City of Colleyville by plat recorded in Volume 388-19S, Page 23, Plat Records, Tarrant County, Texas; N 48002'33w E, 163.02 feet along said right-of-way line to the beginning of a tangent curve to the left, with a central angle of 260SS'23", a radius of 260.00 feet, a tangent length of 62.36 feet, and a long chord which bears N 34"33'21" E, 121.27 feet; an arc length of 122.40 feet along said tangent curve and along said right-of-way line to the beginning of a tangent curve to the right, with a central angle of 6go04'33", a radius of 100.00 feet, a tangent length of 68.S3 feet, and a long chord which bears N SS"36'26" E, 113.39 feet; an arc length of 120.S6 feet along said tangent curve to a point in the south right-of-way line of the aforementioned Glade Road; S SgoSI'19w E, 111.61 feet to the POINT OF BEGINNING, containing 1.6688 Acres (72,692 square feet) of land, more or less. ORDINANCE 0-96-1024 EXHIBIT "B" 500 Grapevine Highway, Suite 375 Hurst, Texas 76054 817/485-0707 Metro 817/498-3077 Cavallino Properties, LTD. March 8, 1996 City of Colleyville City Council and Planning cSt Zoning Commission P. O. Box 185 Colleyville, Texas 76034 RE: Property along the south side of Glade Rd. between Village Park Drive and Bedford Road Dear Ladies &: Gentlemen: At the request of the planning staff we are writing this letter to describe our intentions for development on the referenced property. We are requesting PUD-C zoning to allow the construction of commercial buildings on this property. We anticipate build-to--suit opportunities of Office or Professional use, primarily in smaller buildings that can be nestled among the trees on this site. We anticipate that construction will begin on the first building in the next 12-18 months. We thank you for your consideration on this zoning request and look forward to working with the city on this project. Siricer y,:~ William R. Mitchell General Partner, Cavallino Properties, Ltd. ORDINANCE 0-96-1024 STATEMENT OF PLANNING OBJECTIVES ATTACHMENT 1 L' ~ i l' j~.:.. ~~ !.;~ h II ' .! ~ II:: !~Ji ~':r~ . Sii j, ~ . 1- '1181: &s&..~' I.. ....... i" I '~'l i.:~' j,ilZ j. ~j1i ;.-1 1 z ,.Ii.!~ 'C"Pi" .}!ja ;1 .... Ju I.~.' J{ V'~ I~'S 3.!.J 3i P51i ...-'~:.: U:30 fJ"__ ~...~ it t i .i, i I . .,Yl rh{, 13.h "r his. , M' '&Ji '1;~- 1"~~ I' .~J! il~ j~ ~ 11 jt.; Ii":!: I.S! H j~ir~ .J ~l . ~ ;"1_. a:~~~ ~f!.~ ~~-.~ 5 1z~ !ti ~~., J ~ ,,~.; 2'~~w ~...} ~,t~. if" ii IZ,.~ .. i - -'z.al!:... -_':i-- ;.!o-j" ',nO =:1 f -i' !1~ ~~ 2. - .. !~ w4"~ .~.-{ lJJ.~ i !j ~ ~ ):H.3 En~ f1a.:JJ hj ~:rj l'. ~, $8 .; ~n!i ~::i~ ; '''';~ ;ii = ;j: f ~J~ .~ f! I . aU!! ..u} If~2E .:. .i! l~f 'j r I.r ~ ~ ~ ~ ~ I: i dt = i i i i I :'1 E-= en;:: c;.... ~ E-_ Co: l; ::: r::; C 0- - . J - >- I ~t:.:-~ L.c.; 0:::_> OZ~ /-oc..;::lO::: e,:,....<t: 0< := Z =~.... -::::n u a: Z - a:=ZCe,:, I CO CN ~t3 CO ~ z c C:;:: Q. NO E- I i II I~ I,:. r,'~ t;,t" i~l 1; I II i;~ Ie ~~ i I i ';;~ill! I I:~ ... Io. i! :: a:s .. d~: g ;!! Ii; ~ il:i r~ ~a I00 ilil I b~ I Iu Ii -. u... I I 1 ii~ id ii;: i.t1 H! DnIltU SlOSdJIORL I'~ t; t.! q I I I I I I j= if~ii J.~~I~ q ORDINANCE 0-96-1024 CONCEPTUAL SITE PLAN ATTACHMENT 2 I~ Iii,' iN I: r. C o t.l il Ji:i EE:' I II~~~! i!i~n ~B~o ,,'~I. I i~;;~~ il!~i ; i ~ .! ...! Ii ~ a~ E, 0 t.l o U mm~=~ mg;~:~ ohH~-I""...,."'" ng-i<z. 8;i;l~e; li":' O,,'~~3 g:i1i1~ ~ grw i 2~!f 8~ fig ~ 5~ II Gt ~~ "" Q..:I::;~ 3==;;=::- Q_. ~~.2S GlO~= S-e IO~>''''~ g; ~=]:B~.: c'1l.~""f..!S i;~..!~ ;.:~a;=~ Q..-="3" CJ.2_JJC!v"" V\lO:._ i== CIO c~..;IJ=;=~. 2"";~ t:; ~.2 ~ Q "3.: B.s ~~