HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-05/10/2016City 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, May 10, 2016 City Council Chambers
7:00 PM
CITY COUNCIL CHAMBERS
THIRD FLOOR
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. SWEARING IN OF NEWLY APPOINTED MEMBER
Richard Vallario, Alternate 2
2. APPROVAL OF MINUTES
February 9, 2016
3. PUBLIC HEARING AGENDA ITEMS
3a Request for a variance to Section 3.27.A.3.c (Accessory Buildings
and Residential Carport Regulations) of the Land Development Code
on Lot 6, Block B, of the Emerald Park Addition, located at 6016
Sterling Drive, Case VC16002.
3b Request for a variance to Section 3.26.D.2.a (Fences, Free Standing
Walls, and Screening Materials) of the Land Development Code on
Lot 18, Block 2, of the Fairway Addition, located at 8500 Precinct
Line Road, Case VC16003.
4. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 6,
2016 by 5:00 p.m.
Abra Nusser
Community Development Director
A quorum of the Colleyville City Council may be in attendance at this
meeting.
Zoning Board of Adjustment Agenda May 10, 2016
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, February 9, 2016 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 February 9, 2016 at 7:00 p.m.
Roll Call
Present: Board members Jason Elms, Judson Orlando, Raymond Allee, Wayne
Maynard, and Dee McNosky
Absent: Board member Dee Kamerman, Alternate 1
Staff Present: Abra Nusser, Taci Wrisley, Shane Pace, Eddie Wilson, and
Matthew Boyle (City Attorney)
1. SWEARING IN OF NEWLY APPOINTED MEMBER
Taci Wrisley swore in newly appointed member Wayne Maynard, Place 3.
2. ELECTION OF OFFICERS
Board member Elms made a motion to appoint Dee McNosky as
Chairperson and Judson Orlando as Vice-Chairperson.
The motion to appoint Dee McNosky as Chairperson and Judson
Orlando as Vice-Chairperson carried by the following vote:
Aye: 5 – Elms, Allee, Orlando, Maynard, and McNosky
3. APPROVAL OF MINUTES
Board member Elms made a motion to approve the December 8,
2015 minutes. Board member Maynard seconded.
The motion to approve the December 8, 2015 minutes carried by the
following vote:
Aye: 5 – Elms, Allee, Orlando, Maynard, and McNosky
4. PUBLIC HEARING AGENDA ITEMS
4a Request for a variance to certain provisions of Section 3.26-Fences,
Free Standing Walls, and Screening Materials of the Land
City of Colleyville Page 2
Zoning Board of Adjustment Minutes February 9, 2016
Development Code on Lot 9, Block 4, of the Fairway Addition, located
at 6801 Herbert Road, Case VC15-014
Shane Pace presented the case and briefed the Board.
The public hearing was opened at 7:07 p.m.
Terry Weakley, the applicant, came forward and briefed the Board.
Board member Elms questioned Mr. Weakley regarding where the
location of the pond would be. Mr. Weakley replied the pond would
be in the southwest corner of the property.
Board member McNosky questioned Mr. Weakley regarding if there
were other residences on the same street with fences on the property
line. Mr. Weakley replied yes, approximately 30 percent of the
residences have fences on the property lines.
Discussion continued regarding precedence in the neighborhood.
Board member Elms questioned staff regarding whether the
requirement that allowed front yard fences was for the R-40-Single
Family Residential zoning district or for lots that were 40,000 square
feet and larger. Shane Pace replied the requirement is for lots that
are 40,000 square feet and larger.
Discussion continued regarding what type of fence would be allowed
with a 40,000 square foot or larger lot.
Board Member Maynard questioned Mr. Weakley regarding whether
the gate would open inward. Mr. Weakley replied yes.
Board member McNosky questioned Mr. Weakley regarding whether a
person would be able to see both ways when exiting the property. Mr.
Weakley replied yes.
Discussion occurred regarding neighboring residences with the same
conditions as proposed.
Board member Maynard questioned Mr. Weakley why he was not
wanting to build the structure farther back from the front property
line. Mr. Weakley replied he would like to keep the proposed
structure in line with the other residences on the street and due to
tree preservation.
There being no one else wishing to speak, the public hearing was
City of Colleyville Page 3
Zoning Board of Adjustment Minutes February 9, 2016
closed at 7:16 p.m.
Board member Orlando questioned staff regarding why lots with
40,000 square feet were allowed to have fences in the front yard.
Shane Pace replied the provision was most likely createdfor these size
lots to preserve the rural look and feel.
Discussion continued regarding the requirements for fences on R-40-
Single Family Residential size lots.
Board member Allee made a motion to approve Case VC15-
014. Board member Maynard seconded.
The motion to approve Case VC15-014 carried by the following
vote:
Aye: 5 – Elms, Allee, Orlando, Maynard, and McNosky
4b Request for a variance to certain provisions of Section 3.29-Parking
Requirements of the Land Development Code on Lot 3-R, Block 1, of
the Andy Felps Addition, located at 3919 Colleyville Boulevard, Case
VC16-001
Shane Pace presented the case and briefed the Board.
The public hearing was opened at 7:22 p.m.
Tony Eeds, the applicant, came forward to brief the Board.
Board member Orlando questioned staff regarding whether the
applicant would have to come before the Board again if any other
variances were needed. Shane Pace replied yes.
There being no one else wishing to speak, the public hearing was
closed at 7:25 p.m.
Board member Orlando made a motion to approve Case VC16-
001. Board member Elms seconded.
The motion to approve Case VC16-001 carried by the following
vote:
Aye: 5 – Elms, Allee, Orlando, Maynard, and McNosky
5. ADJOURNMENT
The meeting adjourned at 7:25 p.m.
City of Colleyville Page 4
Zoning Board of Adjustment Minutes February 9, 2016
Minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on ____________ by a vote of ________.
City of Colleyville Page 1
City of Colleyville
Zoning Board of
Adjustment
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3a Agenda Date 05/10/2016 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Request for a variance to Section 3.27.A.3.c (Accessory Buildings and Residential
Carport Regulations) of the Land Development Code on Lot 6, Block B, of the Emerald
Park Addition, located at 6016 Sterling Drive, Case VC16-002.
Explanation
Scott Larsen, the applicant, is requesting approval of a variance to the requirements of
Section 3.27.A.3.c (Accessory Buildings and Residential Carport Regulations) of the
Land Development Code, on approximately 0.17 acres located at 6016 Sterling Drive.
The applicant is requesting a variance to the required setback along the western
property line to construct an arbor in the rear of the subject property.
Existing Conditions/Background: The subject property is generally located on the
north side of Sterling Drive, east of Precinct Line Road, and north of L.D. Lockett Road,
within the Emerald Park subdivision. It is zoned PUD-R Planned Unit Development –
Residential, (Ordinance O-02-1366) and is currently platted as Lot 6, Block B, of the
Emerald Park Addition. There is significant public drainage infrastructure with
associated easements adjacent to the subject property on its west and north sides,
adjacent to the proposed setback variance.
Requested Variance: The applicant is requesting a variance to allow for the
construction of a 16-foot by nine-foot cedar arbor at the northwest corner of the
property. The location of the proposed arbor is in the back the subject property, and
the proposed arbor would be located on the existing pool deck. Due to the limited
space available in the back yard, the applicant is proposing to construct the arbor
adjacent to the western property line with no setback and approximately 8.5 feet from
the northern property line.
Ordinance – The governing PUD-R Ordinance (O-02-1366) requires a minimum six-foot
side yard setback and 10 foot rear yard setback. Chapter 3 (Land Use) of the Land
Development Code allows for detached accessory buildings, located behind the
principal building to be placed no closer than five feet from the side lot line (Section
3.27.A.3.c).
“Detached accessory buildings – A detached accessory building shall comply with
the setback lines established for the applicable zoning district, unless the
accessory building is located totally behind the rear of the principal building, then
it shall not be placed closer than five (5) feet to any side or rear lot line.”
Zoning Board of Adjustment Agenda Briefing 3a
City of Colleyville Page 2
Whereas the proposed setback along the northern property is compliant with the five-
foot setback by an additional 3.5 feet, the proposed setback along the western
property line is five feet less than required (zero feet versus five feet).
Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning
Board of Adjustment to grant variances to the accessory building requirements set
forth in Chapter 3 (Land Use):
“…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.”
Analysis – Due to the unique topographical features of the neighboring properties to
the west and north, containing significant drainage infrastructure, the applicant has
presented a reasonable hardship. The presence of the drainage easement and
infrastructure, ensure that future development will not occur directly adjacent to the
subject property and conflict with the arbor’s placement. Additionally, the open design
of the proposed structure allows for visibility and does not appear to adversely impact
any of the surrounding properties.
Surrounding Development: The table below reflects the surrounding zoning and
existing land uses for the subject property as further illustrated on the attached
location map:
PUD-R (Emerald Park
Residential Subdivision –
Drainage Infrastructure)
R-40 Single Family
Residential (Single Family
Home)
R-20 Single Family
Residential (Lavaca Trail
Estates)(Single Family
Home)
PUD-R (Emerald Park
Residential Subdivision –
Drainage Infrastructure)
Subject Property
PUD-R (Emerald Park
Subdivision)
PUD-R (Emerald Park
Residential Subdivision)
PUD-R (Emerald Park
Residential Subdivision –
Drainage Infrastructure)
PUD-R (Emerald Park
Residential Subdivision)
PUD-R (Emerald Park
Residential Subdivision)
The subject property is completely surrounded by residential zoning districts. The
adjacent properties to the west and north contain significant public drainage
infrastructure.
Public Notification: Staff mailed notices to property owners within 200 feet of the
subject property regarding this request. Keller ISD, where the subject property is
located, was notified per State law. Notice was published in the Fort Worth Star-
Zoning Board of Adjustment Agenda Briefing 3a
City of Colleyville Page 3
Telegram as required by State law and the Land Development Code. To date, staff has
received no correspondence for the request.
Staff Recommendation: The applicant has presented a hardship as defined by the
Land Development Code, and the proposed variance does not appear to have any
adverse impacts on the surrounding properties. Staff recommends approval of the
proposed variance.
Recommendation
Approve
Attachments
1.Zoning Map
2.Aerial Map
3.Statement of Planning Objectives and Supporting Materials
4.Property Survey
5.Notification Map
6.Notification List
7.Emerald Park Plat
8.Existing PUD Ordinance
Zoning Board of Adjustment Agenda Briefing 3a
City of Colleyville Page 4
STERLING
C R E S C E N T
PUD-R
R-40 R-20
5802
5800
10131101
6005 6025
6020
6021
6016 60246008
6028
59225921
6004
6100
6012
5927
5923
6032
5931
ZONING MAP
CASE VC16-0026016 STERLING DRIVE
Subject_Property
I 1 inch = 50 feet
Vicinity 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 anyoneelse 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.
STERLING
C R E S C E N T
5802
5800
10131101
6005 6025
6020
6021
6016 60246008
6028
59225921
6004
6100
6012
5927
5923
6032
5931
AERIAL MAP
CASE VC16-0026016 STERLING DRIVE
Subject_Property
I 1 inch = 50 feet
Vicinity 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 anyoneelse 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.
1 | P a g e
6016 Sterling Dr. – Arbor
March 22, 2016
Shane Pace
Principal Planner, Community Development
100 Main Street
Colleyville, TX 76034
Subject: 6016 Sterling Dr. – Arbor
Dear Mr. Shane Pace;
As we have discussed, I am requesting a variance to build an arbor. I have a small backyard
which is mostly a swimming pool and concrete deck. We currently have no shade which makes
it difficult to enjoy our space and the views of the open fields and pond to our north. We also
believe an umbrella would not provide much shade and would be at risk in heavy winds . As a
result, we are requesting a variance to build the proposed arbor.
I have a usable deck area of 22’ by 11’ on the west side of my backyard. My current restriction
is to provide a building setback of 6’ from the west property line and a setback of 10’ from the
north property line. The arbor I would like to build will have a 16’ by 9’ drip-line and be built to
the west property line (zero feet setback) and 8.5’ from my north property line.
As you will see by the pictures below, I have a 31’ concrete waterway to the west of my
property so there will never be a neighbor to my west. In addition, the concrete waterway also
is to the north of my property which will provide additional separation to the north.
Thank you for your consideration;
Scott Larsen
6016 Sterling Dr.
Colleyville, TX
214.538.9600
See pages to follow for more detail
2 | P a g e
6016 Sterling Dr. – Arbor
The picture below shows Emerald Park with my property highlighted in yellow adjacent to the
31’ concrete waterway.
3 | P a g e
6016 Sterling Dr. – Arbor
The picture below shows my property and the proposed location of the arbor highlighted in
yellow.
The picture below shows the dimensions of the available space and the proposed arbor.
Build 8.5’ from north
property line
Build 0’ from west
property line
8’
16
’
Build 4’ from
roof line
22
’
28
.
5
’
4 | P a g e
6016 Sterling Dr. – Arbor
This is a view of the 31’ concrete waterway to the west of my property. As you can see, there
will be no construction in this area.
The picture below is taken of the northwest corner of my property. As you can see, there is
also concrete drainage to the north of this part of my property.
5 | P a g e
6016 Sterling Dr. – Arbor
The picture below is a view of our available deck area.
The picture below is similar to what we are wanting to build, however the proposed structure
will be primarily made of cedar. The proposed arbor will provide the needed shade for us to
enjoy our backyard during the hot summer days and the open walls will preserve the view to
the north of the open fields and pond.
STERLING
E M M A S
C R E S C E N TCRYSTAL
1101 1013
5802
6100
6104
5800
8060
6108
5912
5908
6000 6032
5920
6005 6025
5927
5922
6020
5923
5928
6021
6028
5924
5921
5931
6016
5935
602460086004
59185917 5919
6012
5916
8050
6105
6101
6109
NOTIFICATION MAP
CASE VC16-0026016 STERLING DRIVE
Subject_Property
Properties within 200 ft.
200ft_bufferI1 inch = 92 feet
Vicinity 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 anyoneelse 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.
Owner Name Owner Address Owner City, State Owner Zip Situs Address
CARRINGTION, WADE 6004 STERLING DR COLLEYVILLE, TX 76034 6004 STERLING DR
TISSERA, SHIMAL A 5921 STERLING DR COLLEYVILLE, TX 76034 5921 STERLING DR
BRICE, TONY J 6021 STERLING DR COLLEYVILLE, TX 76034 6021 STERLING DR
GRACE, STEPHEN 6000 STERLING DR COLLEYVILLE, TX 76034 6000 STERLING DR
EISENBARTH, JENNFIER L 6032 STERLING DR COLLEYVILLE, TX 76034 6032 STERLING DR
MILLS, ANDREW E 6008 STERLING DR COLLEYVILLE, TX 76034 6008 STERLING DR
PANCHAL, PRINCE H 6024 STERLING DR COLLEYVILLE, TX 76034 6024 STERLING DR
NEILSON, HOWARD S 5922 CRESCENT LN COLLEYVILLE, TX 76034 5922 CRESCENT LN
EMERALD PARK H A INC 400 COUNTRY PL COLLEYVILLE, TX 76034 6012 STERLING DR
DUDDING, MICHAEL 6025 STERLING DR COLLEYVILLE, TX 76034 6025 STERLING DR
SIMMONS, DAVID 5924 STERLING DR COLLEYVILLE, TX 76034 5924 STERLING DR
L T ESTATES HOA INC 215 W COLLEGE ST GRAPEVINE, TX 76051 6100 EMMAS CT
GRASSI, KAREN 6005 STERLING DR COLLEYVILLE, TX 76034 6005 STERLING DR
CROWE, DANIEL L 6028 STERLING DR COLLEYVILLE, TX 76034 6028 STERLING DR
EMERALD PARK H A INC 400 COUNTRY PL COLLEYVILLE, TX 76034 5800 CRESCENT LN
LARSEN, SCOTT R 6016 STERLING DR COLLEYVILLE, TX 76034 6016 STERLING DR
KWUN, SUN T 5928 STERLING DR COLLEYVILLE, TX 76034 5928 STERLING DR
FEGAN, DENNIS J 1303 BELLEFONTE LN COLLEYVILLE, TX 76034 1013 LAVACA TR
CAREY, DEVIN J 6020 STERLING DR COLLEYVILLE, TX 76034 6020 STERLING DR
STANLEY, LYNETTE 1101 LAVACA TR COLLEYVILLE, TX 76034 1101 LAVACA TR
GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE LAW REQUIRED
LAVACA TRAIL ESTATES HOA 215 W COLLEGE ST GRAPEVINE, TX 76051 COURTESY NOTICE
EMERALD PARK HOA 5837 CRESCENT COLLEYVILLE, TX 76034 COURTESY NOTICE
LARSEN, SCOTT R 6016 STERLING DR COLLEYVILLE, TX 76034 APPLICANT
Public hearing notices were mailed
Friday,April 29, 2016 by Shane Pace
ORDINANCE 0-02-1366
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 36.264 ACRE
TRACT OF LAND OUT OF THE W.C. NEWTON SURVEY, ABSTRACT 1182, FROM
THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-R PLANNED
UNIT DEVELOPMENT RESIDENTIAL DISTRICT AND THE PUD-C PLANNED UNIT
DEVELOPMENT COMMERCIAL; PROVIDING FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Larry Cole for Norma J.
Jones and Jerrell W. Jones on July 29, 2002, under Case No. Z-02-023;
and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests 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 Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described by
metes and bounds description attached as Exhibit "8", by changing
the zoning of said property from the R40 Single Family Residential
district to the PUD-R Planned Unit Development Residential district
and the PUD-C Planned Unit Development Commercial district, as
shown on the attached Exhibit "C", including any other conditions
and restrictions imposed and approved by the City Council, which
are incorporated herein.
Sec. 2.
Ordinance 0-02-1366
Page 2 of 6
THAT the PUD-R area shall be subject to the following conditions:
1. GENERAL
a. The purpose of the PUD-R area is for single-family residential
development, constructed at an approximate density of 3.53
dwelling units per acre.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
2" PERMITTED USES
a. Single family residences, detached
b. Open space
3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the
following provisions:
a. Minimum Lot Size
b. Minimum Lot Width
c. Minimum Lot Depth
d. Front Building Line
e. Side Building Line
f. Rear Building Line
7,200 square feet
60 feet
120 feet, except cul-de-sac lots
20 feet
6 feet
1 0 feet
4. DWELLING UNIT CONSTRUCTION REQUIREMENTS
a. The minimum dwelling unit size shall be two thousand five
hundred (2,500) square feet. At least two thousand three
hundred (2,300) square feet shall be located on the first floor of
the dwelling unit.
b. The exterior wall surface area of each dwelling unit shall be
constructed of ninety percent (90%) brick, stone, stucco or
other masonry material. The area of window and door
openings shall not be included in the calculation of this
requirement. This requirement shall only apply to the first story
of the structure.
c. The front elevation wall surface area of the dwelling unit shall
not be constructed of siding or non-masonry material.
Ordinance 0-02-1366
Page 3 of 6
d. The primary roof of the dwelling unit shall be constructed with a
roof pitch of not less than a 10:12 pitch.
e. All chimneys shall be constructed of brick, stone, stucco or
other masonry material.
f. Not more than forty percent (40%) of the garage doors shall
face the street. Garage doors shall be constructed of wood or
wood-faced steel.
5. OPEN SPACE
a. The PUD-R area shall provide a minimum of twenty percent
20%) of the residential project area as common open space for
the leisure and recreational use of the development's residents.
The open space shall comply with the provisions contained in
the Land Development Code.
b. The common open space may be utilized for storm water
detention purposes.
6. CONCEPTUAL SITE PLANS AND PLATTING
a. The residential lot layout of the PUD-R area shall be generally
consistent with the conceptual site plan attached as Exhibit "C",
which shall not be considered the preliminary plat. The actual
street and lot arrangement may differ from that shown on Exhibit
C" to accommodate physical, topographic, drainage or other
conditions.
b. Prior to the issuance of any development permits within this
PUD-R and as a condition to the development of the subject
property, the developer shall obtain approval of a preliminary
plat and a final plat of the property in accordance with the
procedures and requirements of the Colleyville Land
Development Code.
7. SIDEWALKS
a. The developer shall construct a 5-foot wide sidewalk along L.D.
Lockett Road at the same time as other public improvements
are constructed in the subdivision, unless funds are escrowed
with the City for future construction of the sidewalk.
b. Each homebuilder shall construct sidewalks along lot frontages.
All sidewalks shall be constructed in accordance with the
requirements of the Colleyville Land Development Code.
Sec. 3.
Ordinance 0-02-1366
Page 4 of 6
THAT the PUD-C area shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for office, retail, and office-
warehouse land uses.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
2. PERMITTED USES
The PUD-C area shall be divided into two sub-areas as shown on the
attached Exhibit "C" and the list of permitted uses shall be limited to
the areas designated for each use, as shown below:
a. Sub-area 1 permitted uses allowed by right:
1) All uses allowed in the CC1 and CC2 District
2) Along Precinct Line Road, the building floor area in the front
two hundred fifty (250) feet shall consist of sales tax-
generating retail uses
b. Sub-area 2 permitted uses allowed by right:
1) All uses allowed in the CC1 and CC2 District
2) Office-warehouse
c. Sub-area 3 permitted uses allowed by right:
1) All uses allowed in the CC1 and CC2 District
2) Eighty percent (80%) of the building floor area shall consist
of sales tax-generating retail uses
3. CONCEPTUAL SITE PLANS AND PLATTING
a. The locations of land uses shall be generally consistent with the
conceptual site plan attached as Exhibit "C", which shall not be
considered the preliminary plat. The actual street and lot
arrangement may differ from that shown on Exhibit "C" to
accommodate topographic, drainage or other conditions.
b. The arrangement, location and footprint of buildings within the
PUD-C may differ from that shown on the attached Exhibit "C"
and will be determined at time of site plan approval. However,
the combined total square footage of all buildings within each
sub-area shall not exceed the following, which may be in one or
more buildings, provided that any large commercial building
Ordinance 0-02-1366
Page 5 of 6
shall comply with any additional requirements of the Land
Development Code:
1) Sub-area 1 - 48,100 square feet
2) Sub-area 2 - 30,000 square feet
3) Sub-area 3 - 54,000 square feet
c. Prior to the issuance of any development permits within this
PUD-C and as a condition to the development of the subject
property, the developer shall obtain approval of a preliminary
plat and a final plat of the property in accordance with the
procedures and requirements of the Colleyville Land
Development Code.
4. LOT REQUIREMENTS AND SETBACKS
The lot requirements and setbacks shall the following minimum
standards:
a. Minimum Lot Size
b. Front Building Line
c. Side Building Line
d. Rear Building Line
e. Maximum Building Height
5. OPEN SPACE AND LANDSCAPING
a. Each building site shall comply with the minimum landscaping
requirements of the Land Development Code, which shall
satisfy the open space requirements for the PUD-C area.
b. The common open space may be utilized for storm water
detention purposes.
6. SIDEWALKS
none
40 feet
none (25' abutting residential)
none (25' abutting residential)
35 feet
a. The developer of each individual commercial lot shall construct
a 5-foot wide sidewalk along L.D. Lockett Road, unless funds
are escrowed with the City for future construction of the
sidewalk.
b. The developer of each individual commercial lot shall construct
a ten (10) foot wide hike and bike trail along Precinct Line Road.
7. OTHER
a. The developer of each individual commercial lot shall construct
a six (6) foot tall masonry screening wall where the commercial
lot abuts a residential lot.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Ordinance 0-02-1366
Page 6 of 6
b. The architectural design score for all commercial buildings shall
be a minimum of 30 points, as described in Chapter 6 of the
Land Development Code.
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /1~ day of
kV 2002.
T~ second reading and public hearing being conducted on the /.$Z" day of
d-ri,to J.eAJ 2002.
ATTEST:
o~
fk
City Secretary
CITY OF COLLEYVILLE:
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
EXHIBIT A - ZONING MAP
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EXHIBIT B - METES AND BOUNDS DESCRIPTION
BEGINNING at a pipe in the north line of County Road No. 3126 (L.D. Lockett Road), a
distance of 1,227.26 feet East and 1,346.73 feet South of the southwest corner of the
R.H. McEwing Survey, said pipe also being at the southeast corner of a tract conveyed
to Mrs. Ruth Walker Jones by J.E. Walker and wife, Myrtle L. Walker by deed dated
March 19, 1955, recorded in Volume 2914 Page 575, Deed Records, Tarrant County,
Texas;
THENCE North along a fence 1,346.73 feet to a pipe;
THENCE West along the north line of the W.C. Newton Survey, A-1182, 245.00 feet;
THENCE South 88 degrees 32 minutes 32 seconds West along the north line of the
W.C. Newton Survey 680.00 feet to an iron pin;
THENCE South 02 degrees 55 minutes 10 seconds West 110.00 feet to an iron pin;
THENCE South 89 degrees 26 minutes 19 seconds West 270.00 feet to an iron pin;
THENCE South 00 degrees 54 minutes 49 seconds East 590.48 feet along the West line
of the W.C. Newton Survey, A-1182 to a point;
THENCE South 646.25 feet to a point;
THENCE East 950.00 feet along the north line of County Road No. 3126 to a point;
THENCE East 245.00 feet along the north line of said County Road to the point of
beginning, containing 36.264 acres, more or less.
EXHIBIT C -CONCEPTUAL SITE PLAN
r I PUD-R ]I PUD-C I
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 3b Agenda Date 05/10/2016 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Request for a variance to Section 3.26.D.2.a (Fences, Free Standing Walls, and
Screening Materials) of the Land Development Code on Lot 18, Block 2, of the Fairway
Addition, located at 8500 Precinct Line Road, Case VC16-003.
Explanation
Bob Comstock of L125 Partners LTD, the applicant, is requesting approval of a variance
to the requirements of Section 3.26.D.2.a (Fences, Free Standing Walls, and Screening
Materials) of the Land Development Code, on approximately 0.50 acres located at
8500 Precinct Line Road. The applicant is currently in the process of constructing a
commercial office building on the subject property and is requesting a variance to allow
for an alternative screening device (wood fencing) rather than the required eight-foot
decorative masonry wall between a commercial and residential zoning district.
Existing Conditions/Background: The subject property is generally located on the
east side of Precinct Line Road, south of Murphy Road, and north of McDonwell School
Road. It is zoned CN - Neighborhood Commercial and is currently platted as Lot 12,
Block 2, of the Fairway Addition.
The subject property is currently being developed with one professional office building.
The applicant received staff approval for a commercial site plan in 2014 (Case SP14-
004) with the plan indicating an eight-foot masonry wall along the southern and
eastern property lines as required.
Requested Variance: The applicant is requesting a variance to allow for the
construction of an eight-foot wooden fence in lieu of the required eight-foot decorative
masonry screening wall, between commercial uses and residentially-zoned property,
along the eastern and southern property lines. The applicant has submitted a
Statement of Planning Objectives which generally contends that the Future Land Use
Map designation in this entire vicinity is commercial, that there are no adjacent
residential structures to the south, and the land to the east may become commercial in
the future.
Ordinance – Chapter 3 (Land Use) of the Land Development Code requires an eight-
foot masonry wall where a non-residential use is adjacent to a residential use or zoning
district as follows:
“Where a nonresidential use abuts a residential lot, use or district, the side and
Zoning Board of Adjustment Agenda Briefing 3b
City of Colleyville Page 2
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 (Section 3.26.D.2.a).”
In this case, the masonry wall is required along the eastern and southern property
lines.
Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning
Board of Adjustment to grant variances to the screening requirements set forth in
Chapter 3 (Land Use):
“…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.”
Analysis – The applicant has not provided an explanation of a hardship as defined by
the Land Development Code. Although the property to the south is designated for
future commercial uses on the Future Land Use Map, the property is currently zoned
for residential and not utilized for commercial uses. Should a residential use locate on
the property to the south in the future, there is a potential for adverse impacts to the
residential use if the required masonry wall is not provided. The property to the east is
also designated for future commercial uses on the Future Land Use Map but has an
existing single family home. Potential for adverse impacts to the existing residential
use to the east are possible if the required masonry wall is not provided.
In addition to the potential adverse impacts on existing and potential future residential
uses to the south and east, the commercial property directly adjacent to the subject
property to the north, constructed the eight-foot masonry fence as required on their
eastern property line. The proposed variance would grant a privilege in developing the
subject property not provided to other parcels of land with a similar circumstance,
specifically adjacent to the subject property on its north side (8504 Precinct Line Rd.)
and the property to the north of that one (8508 Precinct Line Rd.).
The two properties to the north of the subject property, along Precinct Line Road,
received certain waivers through a Planned Unit Development-Commercial District
process, but both properties are required to provide the eight-foot masonry screening
wall along the eastern property lines per standard requirements. The masonry
screening wall along the eastern property line, to the north of the subject property at
Zoning Board of Adjustment Agenda Briefing 3b
City of Colleyville Page 3
8504 Precinct Line, is existing. Approval of a variance for a wooden fence on the
eastern side of the subject property would result in the masonry wall stopping where it
reaches the southern end of the State Farm Insurance property and a different
screening material (wood) starting with the subject property (masonry wall then wood
fence).
Surrounding Development: The table below reflects the surrounding zoning and
existing land uses for the subject property as further illustrated on the attached
location map:
City of North Richland
Hills (Commercial Uses)
PUD-C Planned Unit
Development-Commercial
(State Farm Insurance)
R-20 Single Family
Residential (Single
Family Homes)
City of North Richland
Hills (Commercial Uses)
Subject Property
CN Neighborhood
Commercial (Professional
Office Under
Construction)
R-20 Single Family
Residential (Single
Family Homes)
City of North Richland
Hills (Commercial Uses)
R-20 Single Family
Residential (Accessory
Structures)
R-20 Single Family
Residential (Single
Family Homes)
The property to the south is currently zoned R-20 - Single Family Residential and
largely undeveloped. The only permanent structure on the property to the south is a
small barn/storage building and a horse stable. Additionally, there is a small horse
corral, a large van or box truck, and a few trailers on the property. The property to the
south is currently zoned R-20. However, the City of Colleyville’s Future Land Use Map
designates the property for commercial uses in the future. The properties to the east
are also zoned R-20 and are developed with single family residential homes.
Public Notification: Staff mailed notices to property owners within 200 feet of the
subject property regarding this request. Keller 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, staff has
received no correspondence for the request.
Staff Recommendation: The applicant has not sufficiently demonstrated a hardship
on the subject property as defined by the Land Development Code. Since the property
to the south of the subject property does not have an existing residential structure on
it, there is less potential for adverse impact (versus the property to the east) should a
variance be granted, but there could still be a home constructed on it in the future.
Staff recommends denial of the proposed variance.
Recommendation
Denial
Zoning Board of Adjustment Agenda Briefing 3b
City of Colleyville Page 4
Attachments
1.Zoning Map
2.Aerial Map
3.Statement of Planning Objectives
4.Applicant Site Photos
5.Approved Site Plan
6.Staff Site Photos
7.Notification Map
8.Notification List
Zoning Board of Adjustment Agenda Briefing 3b
City of Colleyville Page 5
C U R T I S
MURPHY
P R E C I N C T L I N E
R-20
AG
CN
PUD-R
PUD-C
PUD-C
R-20
8412
8508
8504
6808
6804
6708
6712
8500
6812
6800
67048404
1211 6811
6711
6707
6803
6801
6809
6703
1212 6900
1205
1100
690511006904
ZONING MAP
CASE VC16-0038500 PRECINCT LINE
Subject_Property
City Limit
I 1 inch = 10 4 feet
C I T Y O F N O R T H R I C H L A N D H I L L S
Vicinity 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 anyoneelse 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.
C U R T I S
MURPHY
P R E C I N C T L I N E
8412
8508
8504
6808
6804
6708
6712
8500
6812
6800
67048404
1211 6811
6711
6707
6803
6801
6809
6703
1212 6900
1205
1100
690511006904
AERIAL MAP
CASE VC16-0038500 PRECINCT LINE
Subject_Property
City Limit
I 1 inch = 10 4 feet
C I T Y O F N O R T H R I C H L A N D H I L L S
Vicinity 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 anyoneelse 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.
5Site & Dimension Plan
SI
T
E
L
O
C
A
T
I
O
N
M
A
P
SI
T
E
PROJECT (VC16-003)
Staff Site Photos, April 20, 2016
From Subject Property, on its South Side,
Looking South
From Subject Property, on its South Side,
Looking South
From Subject Property, on its East Side,
Looking East to Residential Homes
C U R T I S
MURPHY
P R E C I N C T L I N E
8412
8508
8504
6808
6804
6708
6712
8500
6812
6800
1211
67048404
6811
1212
6711
6707
6803
6801
6809
6703
6900
1205
1100
690511006904
NOTIFICATION MAP
CASE VC16-0038500 PRECINCT LINE
Subject_Property
Properties within 200 ft.
200 ft
City LimitI1 inch = 10 4 feet
C I T Y O F N O R T H R I C H L A N D H I L L S
Vicinity 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 anyoneelse 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.
Owner Name Owner Address Owner City, State Owner Zip Situs Address
L125 PARTNERS LTD 5592 DAVIS BLVD NORTH RICHLAND HILLS, TX 76180 8500 PRECINCT LINE RD
PYRON PROPERTIES LLC 3208 GLADE POINTE CT HURST, TX 76054 8508 PRECINCT LINE RD
BOLLING, CECIL 6712 CURTIS RD COLLEYVILLE, TX 76034 6712 CURTIS RD
MORRISON, TROY 6800 CURTIS RD COLLEYVILLE, TX 76034 6800 CURTIS RD
BOYD, WILLIAM S 6708 CURTIS RD COLLEYVILLE, TX 76034 6708 CURTIS RD
BOYD, M LESLIE 6708 CURTIS RD COLLEYVILLE, TX 76034 8412 PRECINCT LINE RD
ALECU FAMILY TR 6308 REMINGTON PKWY COLLEYVILLE, TX 76034 6808 CURTIS RD
WALKER, DELMAR J DC 8504 PRECINCT LINE RD STE 14 COLLEYVILLE, TX 76034 8504 PRECINCT LINE RD
MCCANN, ALVIN L 6804 CURTIS RD COLLEYVILLE, TX 76034 6804 CURTIS RD
KELLER ISD 350 KELLER PARKWAY KELLER, TX 76248 STATE LAW REQUIRED
COMSTOCK, BOB 5592 DAVIS BLVD NORTH RICHLAND HILLS, TX 76180 APPLICANT
Public hearing notices were mailed
Friday,April 29, 2016 by Shane Pace