HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/8/2015
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, June 8, 2015 City Council Chambers
PRE COMMISSION MEETING
6:15 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS
MEETING MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS, UPDATES ON
DEVELOPMENT AND CONSTRUCTION ACTIVITY, AND PROGRESS AND CITY
COUNCIL ACTIONS ON PAST AGENDA ITEMS
EXECUTIVE SESSION – In accordance with Texas Government Code
Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with
attorney on legal issues raised by public hearing or action items on the
agenda
7:00 P.M. - REGULAR MEETING
CALL TO ORDER AND ROLL
INVOCATION: Commissioner Knox
PLEDGE OF ALLEGIANCE
1. APPROVAL OF MINUTES
May 11, 2015
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA AS A PUBLIC HEARING ITEM
3. PUBLIC HEARING AGENDA ITEMS
3a Consideration of a replat on Lot A1C, Block 2, of the Pleasant Oaks
Estates Addition located at 609 Beverly Drive, PC15-013
3b Consideration of a zoning change from the R40-Single Family
Planning and Zoning Commission
Agenda June 8, 2015
City of Colleyville Page 2
Residential zoning district to the R20-Single Family Residential zoning
district on Lots 23A & 23D, Block 1, of the Westcoat Place Addition,
located at 5805 Bettinger, Case ZC15-010
3c Consideration of a zoning change from the AG-Agricultural zoning
district to the PUDR-Planned Unit Development Residential zoning
district on 2.62 acres of Abstract 1034 of the GW Minter Survey,
located at 5017, 5113, & 5201 Roberts Road, Case ZC15-011
4. 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.
Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number Agenda Date 06/08/2015 Number
Type Approval of Minutes
Department Community Development
Title
May 11, 2015
Explanation
Recommendation
Attachments
1.Planning and Zoning Commission Meeting Minutes - May 11, 2015
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, May 11, 2015 City Council Chambers
CALL MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called
to order by Chairman Byerly on May 11, 2015 at 7:00 p.m.
Roll Call
Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim
Gotcher, Don Davis, David Phelps, and Jeff Byerly
Staff Present: Abra Nusser, Chris Fuller, Adam Marsh, Taci Wrisley, Patia
Boomsma, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney)
1. APPROVAL OF MINUTES
Commissioner Knox made a motion to approve the minutes as
corrected. Commissioner Tornes seconded.
The motion to approve the minutes as corrected carried by the
following vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA AS A PUBLIC HEARING ITEM
Chairman Byerly moved this item from Item Number 3 to Item Number 2.
There were no citizen comments/presentations regarding items not on the
agenda as a public hearing item.
3. REGULAR AGENDA ITEMS – At the advice of Matt Butler, city attorney,
Items 2a and 2b were heard as Public Hearing Items.
2a Consideration of a replat of Lot 1, Block 1, of the Brighton Oaks
Addition, located at 2600 Sherwood Lane, Case PC15-010
Patia Boomsma presented the case and briefed the Commission.
Commissioner Gotcher questioned staff regarding the sidewalk
City of Colleyville Page 1
Planning and Zoning Commission
Minutes May 11, 2015
requirements. Adam March replied all new development requires a
sidewalk be constructed regardless of the location. He further
explained the property owner has three (3) options: 1. Build the
sidewalk 2. Request to escrow funds or 3. Request a waiver from City
Council.
Commissioner Tornes questioned staff regarding whether the Brighton
Oaks Addition was ever zoned as a Planned Unit Development –
Residential (PUD-R). Patia Boomsma replied no, it is straight zoned
R20-Single Family Residential.
Commissioner Tornes questioned staff regarding whether the
applicant would be required to meet all city and federal requirements
when developing and building on the subject properties. Adam Marsh
replied yes. He explained the applicant would be required to provide
a drainage study to show the new development would not have a
negative impact on neighboring properties.
Chairman Byerly questioned Matt Butler regarding why the replat was
being heard as a public hearing agenda item versus a regular agenda
item. Matt Butler replied the Legislature says if a plat meets all of the
requirements of the Texas Local Government Code, the plat has to be
approved. He further explained due to this case being a residential
replat, a public hearing is required.
Commissioner Phelps questioned Matt Butler regarding whether the
same rules would apply if the applicant were asking for a waiver on
the plat. Matt Butler replied if a waiver were being requested, the
commission would have the ability to deny the plat.
The public hearing was opened at 7:13 p.m.
David Duecaster, the property owner, came forward and briefed the
Commission.
Commissioner Gotcher questioned Mr. Duecaster regarding the intent
for the lots. Mr. Duecaster replied the intent is to build his own
residence on Lot 1R-A and to eventually sell Lot 1R-B.
Commissioner Gotcher questioned Mr. Duecaster regarding why he
did not allow the City to clean the creek all the way down Jackson
Road, several years back. Mr. Duecaster replied he originally
accepted the offer but withdrew his acceptance when he discovered
the City was requiring him to sign over a 35 foot easement on each
side of the property. He further explained that their building plans at
City of Colleyville Page 2
Planning and Zoning Commission
Minutes May 11, 2015
the time could not accommodate the new proposed easements.
Discussion continued regarding drainage concerns.
Commissioner Phelps questioned Mr. Duecaster regarding his
explanation of the upper and lower lot. Mr. Duecaster explained
when he used the terms upper and lower, he was referring to
elevation. He further explained Lot 1R-A was being referred to as the
upper lot and Lot 1R-B was being referred to as the lower lot.
Commissioner Tornes questioned Mr. Duecaster regarding whether
there were plans to build on Lot 1R-B. Mr. Duecaster replied he has
no plans to build on it himself and that he hopes to sell it.
Discussion occurred regarding drainage flow.
Brad Haga, 4100 Spring Hollow Street, came forward and spoke in
opposition with regard to drainage concerns.
Rod Wernicke, 4208 Allendale Street, came forward and spoke in
opposition with regard to drainage concerns.
Pat Gibson, 2604 Sherwood Lane, came forward and spoke in
opposition with regard to drainage concerns.
Linda Collins, 2705 Sherwood Lane, came forward and spoke in
opposition with regard to drainage concerns.
Gary Borofsky, 2609 Sherwood Lane, came forward and spoke in
opposition with regard to drainage concerns.
Teri Fay, 2905 Hickory Hill Lane, came forward and spoke in
opposition with regard to drainage concerns.
Lakshmi Nair, 4120 Jackson Road, came forward on behalf of her
mother and spoke in opposition with regard to drainage concerns.
The following wished to record their opposition but did not wish to
speak:
Mike Tatum, 4100 Allendale Street
Joey Cutrona, 3005 Sherwood Lane
Raymond De Forz, 2912 Hickory Hill Lane
John Muller, 2804 Sherwood Lane
Sandra Muller, 2804 Sherwood Lane
City of Colleyville Page 3
Planning and Zoning Commission
Minutes May 11, 2015
and
Julia White, 2904 Hickory Hill Lane
David Duecaster, property owner, and Nick Avila, the builder, wished
to record their support.
There being no one else wishing to speak, the public hearing was
closed at 7:47 p.m.
Nick Avila, the builder, came forward to address comments and
concerns.
Commissioner Phelps questioned Mr. Avila regarding the development
and marketing potential of Lot 1R-B. Mr. Avila replied it is unknown
what will be done with Lot 1R-B if the property is sold. He further
explained there is sufficient room to construct a single family
residence if a buyer chose to do so.
Discussion continued regarding Lot 1R-B and future development.
Commissioner Phelps questioned staff regarding whether exceptions
were made to property owners of undevelopable properties. Patia
Boomsma replied Lot 1R-B is not undevelopable, however, it will be a
challenge to develop. She further explained no exceptions or
accommodations are made in this situation.
Discussion continued regarding development in the 100-Year Flood
Plain.
Chairman Byerly questioned staff regarding how the maintenance of
the creek would be addressed. Adam Marsh replied staff would need
to do some research to see if an approved grading plan was being
adhered to, if one was submitted with the original subdivision.
Commissioner Tornes questioned staff regarding whether public
notices would be sent out when or if Lot 1R-B is to be developed.
Adam Marsh replied no.
Commissioner Wheelwright questioned staff regarding whether
construction on either lot would prompt the City to look at the
drainage flow under Jackson Road. Adam Marsh replied no.
Chairman Byerly questioned Matt Butler regarding whether the City
could change the Land Development Code in order to notify property
owners downstream of a proposed development. Matt Butler replied
City of Colleyville Page 4
Planning and Zoning Commission
Minutes May 11, 2015
it would be discretionary but could be done if the City wished to do
so.
Chairman Byerly encouraged the applicant to look into offering Lot
1R-B to the City as parkland.
Chairman Byerly made a motion to approve Case PC15-010.
Commissioner Phelps seconded the motion.
The motion to approve Case PC15-010 carried by the following
vote:
Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly
Nay: 1 – Gotcher
2b Consideration of a replat of Lots 1 and 2, Block 2 of the Andy Felps
Addition, located at 120 Acuff Lane, Case PC15-005
Chairman Byerly recused himself from this case and vice-chairman,
David Phelps, led the Commission.
Patia Boomsma presented the case and briefed the Commission.
The public hearing was opened at 8:08 p.m.
Brad Eubanks, on behalf of the applicant, came forward to answer
Commission questions.
Commissioner Phelps questioned Mr. Eubanks regarding what the use
of the residential structure was today. Mr. Eubanks replied it is an
office for Elite Wireless.
There being no one else wishing to speak, the public hearing was
closed at 8:10 p.m.
Commissioner Tornes made a motion to approve Case PC15-
005. Commissioner Davis seconded.
The motion to approve Case PC15-010 carried by the following
vote:
Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Phelps
4. PUBLIC HEARING AGENDA ITEMS
City of Colleyville Page 5
Planning and Zoning Commission
Minutes May 11, 2015
4a Consideration of a zoning change from the R40 – Single Family
Residential zoning district to the R20 – Single Family Residential
zoning district on Abstract 1248, of the Thomas J. Polson Survey,
located at 508 Black Drive, Case ZC15-008
Patia Boomsma presented the case and briefed the Commission.
Commissioner Tornes questioned staff regarding why the adjacent
lots were zoned R20-Single Family Residential but were surrounded
by commercial and R40-Single Family Residential. Patia Boomsma
replied she was unsure but staff would do more research to determine
the circumstances surrounding the zoning of those lots.
Commissioner Phelps questioned staff regarding the minimum lot
width for R40-Single Family Residential and did the lots in the general
area appear to meet those requirements. Patia Boomsma replied the
minimum lot width for R40-Single Family Residential is 150 feet. She
further explained the lots in the general area did appear to meet the
R40-Single Family Residential requirements with the exception of the
lot just to the west of the subject property.
Commissioner Phelps questioned staff regarding whether the property
to the north has a point of access other than Ford Drive and was it
considered a flag lot. Patia Boomsma replied they do not have
another point of access and it is considered a flag lot.
Commissioner Wheelwright questioned staff regarding whether Ford
Drive was included as part of 508 Black Drive and would they be
required to improve Ford Drive. Patia Boomsma replied Ford Drive is
a private access easement and access must be provided to this
easement. She further explained the property owner would not be
required to improve Ford Drive.
Commissioner Tornes questioned staff regarding whether Ford Drive
was a city maintained road. Patia Boomsma replied no, it is not.
Commissioner Phelps questioned staff regarding who would be
responsible for providing adequate access to the flag lot. Adam Marsh
replied the flag lot would be responsible.
Commissioner Tornes questioned staff regarding whether 508 Black
Drive could remove the private access easement. Patia Boomsma
replied a replat could be submitted for consideration by the Planning
and Zoning Commission to remove the easement.
City of Colleyville Page 6
Planning and Zoning Commission
Minutes May 11, 2015
The public hearing was opened at 8:19 p.m.
Ron and Lori Cimonetti, the applicants, came forward and briefed the
Commission.
There being no one else wishing to speak, the public hearing was
closed at 8:20 p.m.
Commissioner Phelps questioned Mr. Cimonetti regarding the irregular
property line and the single family structure that exists today. Mr.
Cimonetti replied the existing house would eventually be demolished
and the irregular property line would remain. Mr. Cimonetti further
explained both proposed lots would front on Black Drive.
Commissioner Knox made a motion to approve Case ZC15-008.
Commissioner Phelps seconded.
The motion to approve Case ZC15-008 carried by the following
vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and
Byerly
4b Consideration of a zoning change from the CN – Neighborhood
Commercial zoning district to the CPO – Professional Office zoning
district on Lots 1-4, Block 1, of the C-D Subdivision, located at 6513
Colleyville Boulevard, Case ZC15-009
Patia Boomsma presented the case and briefed the Commission.
Commissioner Tornes questioned staff regarding whether retail is a
viable option for the subject properties given the adjacent uses. Patia
Boomsma replied the Future Land Use Plan designates the subject
properties as retail.
The public hearing was opened at 8:29 p.m.
Terry Cunningham, the architect for the proposed development, and
Ken Green, the applicant, came forward and briefed the Commission.
Commissioner Phelps questioned Mr. Green regarding prospective
tenants for the proposed development. Mr. Green replied Lighthouse
Family Medicine would be occupying the first building and an attorney
would be leasing a suite on the second building, both are current
tenants of another of his properties just across Colleyville Boulevard.
He further explained the rest of the suites in the second building have
City of Colleyville Page 7
Planning and Zoning Commission
Minutes May 11, 2015
not yet been leased.
Commissioner Phelps questioned Mr. Green regarding whether he
would have any issues leasing the spaces where Lighthouse Family
Medicine and the attorney currently are located and is retail allowed
in those spaces. Mr. Green replied they usually have good luck with
this location due the building being located next to the Chamber of
Commerce. He further explained retail uses are allowed in this
location.
Commissioner Tornes questioned Mr. Green regarding how he was
marketing the remaining lease spaces. Mr. Green replied he has
reached out and sent letters to neighboring businesses and existing
clients to generate interest.
Commissioner Wheelwright questioned Mr. Cunningham regarding the
architectural look of the building. Mr. Cunningham replied the
building will be mostly stone and brick with some metal architectural
features, such as a rounded entry for Lighthouse Family Medicine.
There being no one else wishing to speak, the public hearing was
closed at 8:34 p.m.
Commissioner Phelps questioned Marty Weider regarding his opinion
of the proposed development. Marty Weider replied he believes this
would be a great opportunity for this location. He further explained
due to the lack of a signal at this corner, a higher traffic generating
use would not be ideal. He also added while the proposed uses would
not generate sales tax for the City, it would generate more daytime
population.
Commissioner Wheelwright questioned Marty Weider regarding
whether the widening of Colleyville Boulevard would help retail thrive
at the proposed location. Marty Weider replied he believes it would
make it more difficult due to a median being in the center of
Colleyville Boulevard.
Commissioner Tornes questioned Marty Weider regarding the
potential to lease the spaces across Colleyville Boulevard, where
Lighthouse Family Medicine and the attorney would be vacating, to a
retail tenant. Marty Weider replied while it is a possibility, the uses
may not be sole retail uses.
Discussion continued regarding potential uses in the area.
City of Colleyville Page 8
Planning and Zoning Commission
Minutes May 11, 2015
Commissioner Gotcher made a motion to approve Case ZC15-
009. Commissioner Davis seconded.
Commissioner Knox stated he believes the proposed development
would be a great addition to Colleyville Boulevard.
The motion to approve Case ZC15-009 carried by the following
vote:
Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and
Byerly
5. ADJOURNMENT
The meeting adjourned at 8:41 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on June 8, 2015 by a vote of __________.
City of Colleyville Page 9
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3a Agenda Date 06/08/2015 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of areplat on Lot A1C, Block 2, of the Pleasant Oaks Estates Addition
located at 609Beverly Drive, PC15-013
Explanation
John and Jennifer Webb, the owners, propose to replat 609 Beverly Drive, Lot A1C,
Block 2 of the Pleasant Oak Estates Addition in order to reduce the building line along
Leta Lane from 35 feet to 25 feet. The owners intend to remove the existing residence
and construct a new one.
Existing Conditions. The property, located at the southwest corner of Beverly Drive
and Leta Lane, is currently platted as Lot A1C, Block 2 of the Pleasant Oak Estates
Addition. It is developed with an existing residence, which extends past the 35 foot
building line along Leta Lane. Several accessory buildings including a detached
garage, a shed, and two well houses are also located on the site.
Zoning. The subject property is currently zoned R-40-Single Family Residential.
Lot Dimensions and Setbacks. The R-40–Single Family Residential zoning district
requires a minimum lot size of 40,000 square feet with a minimum lot width of 150
feet and lot depth of 150 feet. The subject property does not meet the required lot
width; however, it is considered a lot of record and is therefore exempt from the lot
dimension requirements of the R-40 zoning district. The property is also subject to the
following development standards:
Minimum Front Yard Setback: 40 feet
Minimum Side Yard Setbacks: 15 feet
Minimum Rear Yard Setback: 25 feet
Although the zoning designation specifies a front setback of 40 feet, the current plat
shows a 35 foot setback. Per Section 3.28 of the Land Development Code, this
building line would be applicable to the frontages along both Beverly Drive and Leta
Lane. The applicant has submitted a letter requesting that the setback along Leta Lane
be reduced to 25 feet.
Sidewalks. A minimum four foot wide sidewalk is required along Leta Lane whenever
any new structures are built.
Planning and Zoning Commission Agenda Briefing 3a
City of Colleyville Page 2
Surrounding Properties. The properties to the north, south, and west are zoned R-
40-Single Family Residential and are developed with single family residences. Some of
these properties are lots of record and do not meet the requirements of the R-40-
Single Family Residential zoning district. Land to the east, across Leta Lane, is zoned
R-10-Single Family residential and contains single family residences.
Public Notification. Staff mailed notices to all property owners within 200 feet of the
subject property. Notice was published in the Fort Worth Star-Telegram as required by
state law and the Land Development Code. Staff has received no correspondence to
date.
Summary. Staff recommends approval of the replat.
Recommendation
Approve
Attachments
1.Location and Zoning Map
2.Aerial
3.Notification List
4.Buffer Map
5.Replat Exhibit
6.Waiver Request Letter
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R-10
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Subject Property
Aerial
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
EDWARD TIM A 608 BEVERLY DR COLLEYVILLE Texas 76034 608 BEVERLY DR
CLEFF DAVID M 612 BEVERLY DR COLLEYVILLE Texas 76034 612 BEVERLY DR
CROSS SHEILA A 705 BEVERLY DR COLLEYVILLE Texas 76034 705 BEVERLY DR
GLEASON JAMES T 600 BEVERLY DR COLLEYVILLE Texas 76034 600 BEVERLY DR
LOPEZ CLAIRE LOUISE 701 BEVERLY DR COLLEYVILLE Texas 76034 701 BEVERLY DR
WEBB JOHN P 609 BEVERLY DR COLLEYVILLE Texas 76034 609 BEVERLY DR
DE JONG MICHAEL 605 BEVERLY DR COLLEYVILLE Texas 76034 605 BEVERLY DR
HULET ERIC 608 LETA LN COLLEYVILLE Texas 76034 608 LETA LN
DOBBINS TOMMIE G 600 LETA LN COLLEYVILLE Texas 76034 600 LETA LN
SURLEY ELDON R 617 LETA LN COLLEYVILLE Texas 76034 617 LETA LN
BURNETT JOHN P 601 BEVERLY DR COLLEYVILLE Texas 76034 601 BEVERLY DR
BILLY DUCKWORTH 2220 GUS THOMASSON MESQUITE Texas 75187 APPLICANT
Public hearing notices
were mailed Thursday,
May 21, 2015 by Taci
Wrisley
Notification List
LAUREL OAKS LN
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Subject Property
Case PC15-013
609 Beverly Drive
Legend
Properties within 200 feet
Subject property
Parcels
Buffer Map
Re
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Waiver Request
Planning and Zoning Commission of Colleyville
100 Main Street
Colleyville, TX 76034
May 26, 2015
Dear Planning and Zoning Commission,
This proposal letter is to request the grant of a variance for the residence at 609 Beverly
Drive in Colleyville, TX (Lot A1CR, Block 2 Pleasant Oak Estates Addition). The
variance is relatively minor since the existing house is already over the 35 foot building
line along Leta Lane by approximately 9 feet, placing it within a foot of our requested
building line.
The owners, JP and Jennifer Webb, would like to tear down and rebuild on their lot.
They would like to place the garage on the right side (west side) of their lot so that they
will have privacy in the garage when the garage door is open. In their current house the
garage faces Leta Lane and allows a clear view into their garage and it does not afford
them the privacy that they would like. Because the garage will be on the west side of the
lot we will need at least a 25 foot turnaround outside of the garage. With a 25 foot
building line along Leta Lane it will allow us to balance out the house on the lot with the
trees and allow for a better front elevation that looks balanced on their lot instead of
pushed over to the right (west).
The current building line along Leta Lane is 35 feet. JP and Jennifer Webb would like to
request a variance and change that building line to 25 feet as shown on the replat from
A&W Surveyors.
Respectfully submitted,
Tom Panno
President
Independence Custom Homes, Inc.
6114 Hunter Lane
Colleyville, TX 76034
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3b Agenda Date 06/08/2015 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of a zoning change from the R40-Single FamilyResidential zoning district
to the R20-Single Family Residential zoningdistrict on Lots 23A & 23D, Block 1, of the
Westcoat Place Addition,located at 5805 Bettinger, Case ZC15-010
Explanation
Sam Noel, the applicant, has submitted a request to change the zoning on 0.474 acres,
located at 5805 Bettinger Drive. The applicant is requesting to rezone the property
from the R-40 Single Family Residential zoning district to the R-20-Single Family
Residential zoning district. The applicant is seeking a zoning change in order to reduce
setbacks for future redevelopment.
Existing Conditions. The subject property is currently platted as Lots 23A and 23D of
the Westcoat Place Addition. A subsequent replat will be required in order to create a
single lot and accommodate the construction of a new residence. The lot is 20,630
square feet in size and does not meet the R-40 zoning district’s minimum area of
40,000 square feet. The property presently contains a single family home.
Statement of Planning Objectives. The applicant intends to demolish the existing
residence and construct a new home.
Lot Dimensions and Setbacks. Per Section 3.24 G, Schedule of District Regulations
in the Land Development Code, the R-20 zoning regulations require a minimum lot size
of 20,000 square feet with a minimum lot width of 100 feet and lot depth of 125 feet.
The following additional standards are applicable to the R-20 zoning designation:
Minimum Front Yard Setback: 30 feet
Minimum Side Yard Setbacks: 10 feet
Minimum Rear Yard Setback: 25 feet
Maximum Lot Coverage: 30 percent
The proposed conceptual plan does not meet the minimum standards of the Land
Development Code for the R-20 zoning district, but would be in compliance once a
replat is approved.
Surrounding Development Trends. The properties to the north, south, and west are
zoned R-40 Single Family Residential and developed with single family detached
Planning and Zoning Commission Agenda Briefing 3b
City of Colleyville Page 2
homes. Land to the east is zoned R-15 Single Family Residential and R-20 Single
Family Residential and developed with single family detached homes.
Master Plan. The Future Land Use Plan designates the subject property for single
family residential uses. The proposed rezoning is consistent with the Future Land Use
Plan.
Public Notification. Staff mailed notices to 13 property owners within 200 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. To date, no correspondence
has been received.
Summary. The proposed zoning change is consistent with the Future Land Use Plan,
which designates the subject property as single family residential uses. The existing lot
is located near larger lots. Although the requested R-20 zoning is not the same as the
majority of surrounding properties, the proposed designation is more consistent with
the existing lot size of 0.474 acres (20,630 square feet). The requested zoning
designation would continue to ensure the property does not increase in density. Staff
recommends approval of the rezoning request.
Recommendation
Approve
Attachments
1.Location and Zoning Map
2.Aerial
3.Future Land Use Map
4.Buffer Map
5.Notification List
6.Ordinance O-15-XXXX
GALLANT CT
RAINTREE CT
CAPRIOLE
C
T
401
6301
206
5900
100
202
5816
108
104
5708
5808
5817
100
5806
104
6201
112
105
5704108
5904
201
5805
203
202
5909
200 5801
5908
201
201
109
5809
201
105
5901
5200
5813
204
112
5700
204
6001
5905
211
205
207
205
R-40
R-20
AG
R-20
R-20
R-15PUD-R
/
Subject Property
L. D.
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Location and Zoning Map
CAPRIOLE
C
T
6301
202
104
100
5816
100
108
5808
206
5806
105
5900
5805
5801
5817
5708
109
5809
105
5813
104
401
112
201
6201
/
Subject Property
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Aerial
Legend
Subject Property
Parcels
Single Family
Multi-Family
Office
Retail
Institutional
Industrial
Roadway
Utilities
Parks
Private Open Space
Water
202
104
6301
100
100
105
5816
5805
108
5808
5801
5806
58175900
109
5809
105
5813
104201
/
Subject Property
L. D.
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Future Land Use Map
BE
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L. D.
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Legend
Properties within 200 feet
Subject Property
Parcels
VALLE
Y
V
I
E
W
D
R
N
GALLANT CT
RAINTREE CT
CAPRIOLE
C
T
401
6301
206
5900
5904
100
202
201
5816
108
104
5909
5708
108
5808
5817
104 5704
112
100
5806
112
6201
5200 101
5908
5913
116
201
203
5805
201
202
5801
5908
5901
5905
5700
200 6000 5909
5809
5916
204
105200
201
211
109
105
5813
105
204
200
6001
205
/
Case ZC15-010
5805 Bettinger Drive
L. D. LOCKETT RD Subject Property
Buffer Map
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
BOX DON M ETAL 5801 BETTINGER DR COLLEYVILLE TX 76034 5801 BETTINGER DR
REGION RONALD EARL PO BOX 822337 FORT WORTH TX 76137 5805 BETTINGER DR
MILLER TRACY RAY 5806 BETTINGER DR Colleyville TX 76034 5806 BETTINGER DR
ONCOR ELECTRIC DELIVERY CO LLC PO BOX 219071 DALLAS TX 75221 105 W L D LOCKETT RD
BULLOCK PATRICIA 5808 BETTINGER DR COLLEYVILLE TX 76034 5808 BETTINGER DR
STEPHENS JOE 5816 BETTINGER DR COLLEYVILLE TX 76034 5816 BETTINGER DR
MONTGOMERY ROBERT G 202 W LD LOCKETT RD COLLEYVILLE TX 76034 202 W L D LOCKETT RD
PRICE G 5817 BETTINGER DR COLLEYVILLE TX 76034 5817 BETTINGER DR
GILLHAM LINDA 100 W LD LOCKETT RD COLLEYVILLE TX 76034 100 W L D LOCKETT RD
ISHAK ASHRAF Z 104 W LD LOCKETT RD COLLEYVILLE TX 76034 104 W L D LOCKETT RD
ELKINS J D 5809 BETTINGER DR COLLEYVILLE TX 76034 5809 BETTINGER DR
PELTON LINDA A 5813 BETTINGER DR COLLEYVILLE TX 76034 5813 BETTINGER DR
REGIONAL RAIL ROW CO PO BOX 660163 DALLAS TX 75266 6301 L D LOCKETT RD
Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 State Law Req.
Remington Park HOA 305 Polo Trail COLLEYVILLE TX 76034 Courtesy Notice
Sam Noel 2404 Arbor Gate Lane Colleyville TX 76034 Applicant
Public hearing notices were mailed
Thurs., May 28, 2015 by Taci Wrisley
Notification List
ORDINANCE O-15-XXXX
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.474 ACRES ON LOTS 23A AND 23D, BLOCK 1 OF THE
WESTCOAT PLACE ADDITION, LOCATED AT 5805 BETTINGER DRIVE,
FROM THE R-40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO
THE R-20-SINGLE FAMILY 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 rezoning
under Case ZC15-010; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be
enforced therein and to recommend a new zoning ordinance;
and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; and to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and State Law with reference
to changes to zoning classifications under the Zoning Ordinance
Ordinance O-15-XXXX
Page 2 of 3
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on 0.474 acres on Lot 23A and 23D, Block 1
of the Westcoat Place Addition, located at 5805 Bettinger Drive,
from the R-40-Single Family Residential zoning district to the R-
20-Single Family Residential zoning district, as depicted in the
attached Exhibit “A” and Exhibit “B”.
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 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
Ordinance O-15-XXXX
Page 3 of 3
violations of this ordinance.
Sec. 7. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public interest,
comfort and general welfare, and requires that this ordinance
shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 7th day of July
2015.
The second reading and public hearing being conducted on the 21st day of
July 2015.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the ___________ day of _______________________ 2015.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit “A”- Location and Zoning Map
R40
Exhibit “B” – Zoning Exhibit
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4b Agenda Date 06/08/2015 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of a zoning change from the AG-Agriculturalzoning district to the PUDR-
Planned Unit Development Residential zoningdistrict on 2.62 acres of Abstract 1034 of
the GW Minter Survey, located at 5017,5113, & 5201 Roberts Road, CaseZC15-011
(REQUEST TO BE TABLED)
Explanation
The applicant has requested that this item be tabled to the July 13, 2015 Planning and
Zoning Commission meeting to allow additional preparation time. Staff will re-notify
for the next public hearings.
Recommendation
Attachments
1.Aerial
2.Buffer Map
3.Notification List
SHUMARD
OAK LN
A
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ROBER
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BUR OAK DR
R
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P
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P
P
E R G L E N C I R5049
5048
3745
5120
5126
5126
50683761
5016
3744 37503760
5123
5148
3698
50535024
5049
5040 5044
5020 0
0
0
5004 5001
5064
5000
5060 5065
5056 5061
5005 5069
5057
50325028
5036
5009
5013
37813777
5008
5012
5017 5052
3704
5138
5120
5205
5201
5101
5105
5136
3757
37653769 3773
5017
3701 51145121
5125
3740
3772
5132
5137
5144
371237003708
5140
5060
5132
5064
5102
2693
3708
5300
5133
5149
3764 51093768 5110
5113
3800380438083812
5134
5128
5100
5106
5129 5134
3720 3728 3820 3828
5138
3748
5133 51415137
3716
510451085112
5116
5130
3724 3732 3816 3824
3832
5124
5142
5008
5113
5013
5105
5109
5101
5017
5009
5104
5004
5000
5207
5108
5117
4190
5008
5100
5112 5113
5005
5001
5066
5062
5070
5058
3705 3776
5121
3736
5072
Aerial
Legend
Properties within 200 feet
Subject Properties
Parcels
R
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B
E
R
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S
R
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FOX MEADOWS DR
BUR OAK DR
PO
S
T
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A
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A
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A
V
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BLACKJACK OAK DR
COPPERGL
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C
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QU
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B
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WA
Y
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GATEWAY DR
C
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Q
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APIN D R H
E
R I T A G E O A K S D R
FOX GLEN DR
H
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A
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A
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BU
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B
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A
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A V E
RO
B
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SHUMARD
OAK LN
AMBERLEYCT
EV
E
R
S
H
A
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HUNTINGTON DR
FOX GLEN DR
MA
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P
K
W
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ROTHS
C
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L
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HE
R
I
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A
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A
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E
0
5300
5008
5008
5401
3400
5311
0
5260
3408
5317
5309
5303
0
3708 3830
4908
00
0
5313
5049
0
0 0 0
0
5205
00
0
0
00
000
0
0
0
0 0
0
00
0
0
0
0 000
3801
5017
0
5207
0
5201
3711
0
0
0 0
5112
3801
0 0
00
0 0
0 0
0
0
0
3507
5117
5201
3900
5113
0
3608 3612
0
4904 4916
5209
5203
4912
5000
5017
5101
5013
4905
5004
5105
5009
5016
5104 5109
5100
5008
5108
5012
5001
5005
3809
5203
4904
5307
5205
3916
0
5113
5101
3404
3406
5044
5123
3408
5126
3404
3509
3510
5110
5201
4906
3503
3410
3511
35053501
4906
3402
5005
5121
4907
3411
3506
35053507
3504
3501
350834043500
5148
3502
3503 3509
3409
3403
5069
5001
3405
3405
3407
35063508351035005305
5001
5020
3805
5024
5017
5120
5013500950045060505650525057
5032
50085012
5036
50615065
5016
3740
3913
3701
5138
39053760
5056
3901
5062
3705
50685066
3933
505450585053
5137
3930
5140
5058
5120
3720 38083812 39083724383651423700
0
3732
50004190
3704 3824
5209
0 0
3704 3716
0
3842
00 0
/
Case ZC15-0115017, 5113, 5201 Roberts Rd
Subject Properties
L. D.
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City of Grapevine
Buffer Map
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
COLEMAN GARY S 5120 POST OAK TR Colleyville TX 76034 5120 POST OAK TR
SCRIBNER DEANA PO BOX 768 Colleyville TX 76034 5201 ROBERTS RD
ARNOLD THOMAS A 5205 ROBERTS RD Colleyville TX 76034 5205 ROBERTS RD
SAUER KENNETH WILLIAM 5017 ROBERTS RD Colleyville TX 76034 5017 ROBERTS RD
SINGH VINITA H 3740 SHUMARD OAK LN Colleyville TX 76034 3740 SHUMARD OAK LN
CHITKARA JAIDEEP 3701 POST OAK TR Colleyville TX 76034 3701 POST OAK TR
REINCE KEVIN 6412 TIMBER RDG EDINA MN 55439 5134 POST OAK TR
WALL LARRY 5132 POST OAK TR Colleyville TX 76034 5132 POST OAK TR
LEGATES SHEILA E 5128 POST OAK TRL Colleyville TX 76034 5128 POST OAK TR
PLEASANT GLADE BAPTIST CHURCH 3708 GLADE RD Colleyville TX 76034 3708 GLADE RD
CHAPMAN PHILLIP H 5100 POST OAK TR Colleyville TX 76034 5100 POST OAK TR
LAYER DONNA J 5104 POST OAK TR Colleyville TX 76034 5104 POST OAK TR
SHABAY PAUL 5108 POST OAK TR Colleyville TX 76034 5108 POST OAK TR
STOVALL JIMMY 5112 POST OAK TR Colleyville TX 76034 5112 POST OAK TR
SIMINSKI JAMES THOMAS 5116 POST OAK TR Colleyville TX 76034 5116 POST OAK TR
HART BILLY 5124 POST OAK TR Colleyville TX 76034 5124 POST OAK TR
BRYANT LYNN W 5138 POST OAK TR Colleyville TX 76034 5138 POST OAK TR
KRIEGHBAUM DAVID PO BOX 459 PORT ISABEL TX 78578 5142 POST OAK TR
COVENANT CHURCH 2660 E TRINITY MILLS RD Carrollton TX 75006 5008 ROBERTS RD
LECOCQ JAMES GARY PO BOX 2032 Colleyville TX 76034 5113 ROBERTS RD
PRAZAK JOHN B 5207 ROBERTS RD Colleyville TX 76034 5207 ROBERTS RD
BRYANT STEVEN W 5058 POST OAK TR Colleyville TX 76034 5058 POST OAK TR
PHIPPS REBECCA C 5062 POST OAK TR Colleyville TX 76034 5062 POST OAK TR
SOKHEY SIMREN S 5066 POST OAK TRL Colleyville TX 76034 5066 POST OAK TR
HASTINGS DORIS 5070 POST OAK TR Colleyville TX 76034 5070 POST OAK TR
WEAKLEY JERRY 5016 COPPERGLEN CIR Colleyville TX 76034 5016 COPPERGLEN CIR
BENDER JEFFERY 5020 COPPERGLEN CIR Colleyville TX 76034 5020 COPPERGLEN CIR
MDC-HERITAGE OAKS ESTATES LTD 545 E John Carpenter Fwy #1500 Irving TX 75062 003736 Shumard Oak Ln
Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 State Law Req.
Heritage Glen HOA 5105 Auburndale Ave Colleyville TX 76034 Courtesy Notice
Fox Meadows HOA 5301 Bugle Lane Colleyville TX 76034 Courtesy Notice
Prestwick Park HOA 4912 Prestwick Drive Colleyville TX 76034 Courtesy Notice
Colleyville Assoc Heritage Oak 1108 Pioneer Pkwy Arlington TX 76013 Courtesy Notice
Steve Isbell 4209 Gateway Dr., Ste 200 Colleyville TX 76034 Applicant
Public hearing notices were mailed
Thurs., May 28, 2015 by Taci Wrisley
Notification List