HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/11/2022City 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, July 11, 2022 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 AND
UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL
ACTIONS ON PAST AGENDA ITEMS
EXECUTIVE SESSION – In accordance with Texas Government Code
Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with
attorney on legal issues raised by public hearing or action items on the
agenda
7:00 P.M. - REGULAR MEETING
CALL TO ORDER AND ROLL
INVOCATION: COMMISSIONER WILLIAMSON
PLEDGE OF ALLEGIANCE
1. APPROVAL OF MINUTES
1a Planning and Zoning Commission Meeting Minutes - June 13, 2022
Planning and Zoning Commission Worksession Minutes - June 27,
2022
2. PUBLIC HEARING AGENDA ITEMS
Planning and Zoning
Commission Agenda July 11, 2022
City of Colleyville Page 2
2a Consideration of a Special Use Permit for a Fence to be located
beyond the front facade of the primary dwelling on Lot 2, Block A,
Park View Estate, located at 717 Field Street, Case ZC22-025
2b Consideration of amendments to Chapter 3 of the Land
Development Code to not require a variance for non-conforming lots
of record where the deviation is not more than fifteen percent
(15%) of a dimensional regulation, specifically amending Section
3.7B Non-conforming Lots of Record, Case GC22-008
3.CITIZEN COMMENTS
4.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards July 8, 2022
by 5:00 p.m.
Dakari Hill
Planner
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 1a Agenda Date 7/11/2022 Number
Type Approval of Minutes
Department Planning and Zoning Commission
Title
Planning and Zoning Commission Meeting Minutes - June 13, 2022
Planning and Zoning Commission Worksession Minutes - June 27, 2022
Explanation
Approval of minutes from the June 13, 2022 Planning and Zoning Commission Meeting
and the June 27, 2022 Planning and Zoning Commission Worksession Meeting.
Recommendation
Approve
Attachments
1. June 13, 2022 P&Z Minutes
2. June 27, 2022 P&Z Minutes
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, June 13, 2022 Executive Conference Room
CALL MEETING TO ORDER
The City of Colleyville Planning and Zoning Commission Meeting was called to order
by Chair Bevill on June 13, 2022, at 6:15 p.m.
Roll Call
Present: David Groves, Lawrence Williamson, Tim Raine, Jim Linn, and Claudia Bevill
Absent: Sayeda Syed
Staff Present: Ben Bryner, Larry Wright, Rob McKeown, and Dakari Hill
Also Present: Attorney, Nicole Corr
There was general discussion amongst Staff and the Commission regarding items to
be presented this evening at the regular meeting.
Chair Bevill adjourned the Planning and Zoning Commission Meeting at 6:56 p.m.
CALL MEETING TO ORDER
CITY COUNCIL CHAMBERS
The City of Colleyville Planning and Zoning Commission Meeting was called to order
by Chair Bevill on June 13, 2022, at 7:05 p.m.
Roll Call
Present: David Groves, Lawrence Williamson, Tim Raine, Jim Linn, and Claudia Bevill
Absent: Sayeda Syed
Staff Present: Ben Bryner, Larry Wright, Rob McKeown, and Dakari Hill
Also Present: Attorney, Nicole Corr
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 2
1. APPROVAL OF MINUTES
1a Planning and Zoning Commission Meeting Minutes – May 9, 2022
Planning and Zoning Commission Worksession Minutes – May 23, 2022
Planning and Zoning Commission Special Meeting Minutes – May 23,
2022
Commissioner Raine made a motion to approve the May 9, 2022
Planning and Zoning Commission Meeting Minutes, the May 23, 2022
Planning and Zoning Commission Worksession Minutes, and the May
23, 2022 Planning and Zoning Commission Special Meeting Minutes.
Commissioner Linn seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2. PUBLIC HEARING AGENDA ITMES
2a Consideration of a Special Use Permit for a Fence to encroach into the
front yard setback and for a Fence to encroach into the street side yard
setback on Lot 35, Block 3, Monticello Addition Colleyville, located at 7607
Monticello Parkway, Case ZC22-003, TABLED FROM THE MAY 9, 2022
PLANNING AND ZONING COMMISSION MEETING
Commissioner Linn made a motion to remove Case ZC22-003 from the
table. Commissioner Williamson seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
Commissioner Groves made a motion to table Case ZC22-003 to the
December 12, 2022 Planning and Zoning Commission Meeting.
Commissioner Raine seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 3
2b Consideration of a Special Use Permit for outdoor display of merchandise
on Lot 3A1A, 3A2A, 3B1, and 4A, Block 2, Andy Felps Addition, located at
4201 Colleyville Boulevard, Case ZC22-019, REQUEST BY THE APPLICANT
TO TABLE TO THE AUGUST 8, 2022 PLANNING AND ZONING
COMMISSION MEETING
Commissioner Williamson made a motion to table Case ZC22-019 to
the August 8, 2022 Planning and Zoning Commission Meeting.
Commissioner Groves seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2c Consideration of a Zoning Change from AG Agricultural and RE Single
Family ‘Estate’ Residential to PUD-R Planned Unit Development-
Residential zoning district for Tract 1B, Abstract 1487, O C Sturm Survey,
Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748, James E.
Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates Addition, Lot
1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C, Block 1, Hilley
Addition, located at 6401, 6405, 6409, 6417, 6501, 6507, and 6605
Westcoat Drive, Case ZC22-020
Ben Bryner presented the item and briefed the Commission.
The applicant, Kosse Maykus, 604 East Northwest Highway #102, Grapevine,
TX, came forward and expressed to the Commission that the development
proposal centered on quality, new lots matching adjacent existing lots, and
PUD-R zoning that will hold the developers accountable to their promises.
Angela Hough, 6005 Colts Neck Drive, Colleyville, TX, came forward and
expressed to the Commission the development goals and architectural
standards for the proposed development.
The public hearing was open at 7:54 p.m
Gary Fick, 504 McDonwell School Road East, Colleyville, TX, came forward and
spoke in support of the case. Mr. Fick expressed that the development would
prevent the connection of McDonwell School Road.
Nicholas Patroff, 410 McDonwell School Road East, Colleyville, TX, came
forward and spoke in support of the case. Mr. Patroff expressed support of
where the proposed access points would be located.
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 4
Heidi Hughes, 411 McDonwell School Road East, Colleyville, TX, came forward
and spoke in support of the case. Ms. Hughes expressed that the residents to
the east of the proposed development were in favor of the project.
Christopher Corbett, 200 White Drive, Colleyville, TX, came forward and spoke
in opposition to the case. Mr. Corbett expressed concerns that the proposed
development would increase traffic and the water pressure for surrounding
residents.
Corey Roberts, 6314 Westcoat Drive, Colleyville, TX, came forward and spoke
in opposition to the case. Mr. Roberts expressed concerns that the proposed
development would increase traffic and the water flow for surrounding
residents.
With no one wishing to speak, the public hearing was closed at 8:10 p.m.
Mr. Maykus came forward and answered questions of the Commission
regarding the traffic and water pressure impact the proposed development
would have on surrounding residents.
Larry Wright, City Engineer, came forward and answered questions of the
Commission regarding the drainage system of the proposed development.
Mr. Maykus came forward and answered questions of the Commission
regarding the location of an emergency exit and the open space required in a
PUD.
The public hearing was reopened at 8:39 p.m.
Kathy Hadley, 204 Timberline Drive North, Colleyville, TX, came forward and
spoke in opposition to the case. Ms. Hadley expressed concerns regarding the
proposed development potentially diminishing Colleyville’s country feel and
drainage.
Volha Ramanouskaya, 209 Stonington Lane, Colleyville, TX, came forward and
spoke in opposition to the case. Ms. Ramanouskaya expressed concerns
regarding the potential of increased traffic and lack of open space.
Carol Montgomery, 202 West L.D. Lockett Road, Colleyville, TX, came forward
and spoke in opposition to the case. Ms. Montgomery expressed concern
regarding the potential of increased traffic.
Mr. Maykus came forward and expressed that the property will be sold and
developed, the proposed development will be high quality, and the open space
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 5
being incorporated into the lots.
The Commission adjourned into an executive session at 8:56 p.m. The
Commission reopened the meeting at 9:15 p.m.
Commissioner Raine made a motion to approve Case ZC22-020.
Commissioner Groves seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2d Consideration of a Zoning Change from AG Agricultural to R-40 Single
Family Residential zoning district for Tract 1B and 1G, Abstract 798,
Joseph H. Harrell Survey, located at 805 Murphy Road, Case ZC22-021
Ben Bryner presented the item and briefed the Commission.
An associate of the applicant, Ashley Bice, 15 Red Birch Cove, Little Rock, AR,
came forward and answered questions of the Commission regarding the
reasoning for the zoning change and how the development will preserve
wildlife.
The public hearing was open at 9:24 p.m.
With no one wishing to speak, the public hearing was closed at 9:24 p.m.
Commissioner Williamson made a motion to approve Case ZC22-021.
Commissioner Linn seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2e Consideration of a Zoning Change from R-20 Single Family Residential to
CN Neighborhood Commercial zoning district for Lots 4 and 25A, Block 2,
Fair Way Addition, located at 6606 Curtis Road and 8304 Precinct Line
Road, Case ZC22-022
Ben Bryner presented the item and briefed the Commission.
The applicant, Robert Wai, 6115 Waller Lane, Colleyville, TX, came forward and
answered questions of the Commission regarding access onto Curtis Road, a
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 6
desired use for the property, and matching the residential look.
The public hearing was open at 9:37 p.m.
Jonathan Bernstein, 6603 Curtis Road, Colleyville, TX, came forward and spoke
in opposition to the case. Mr. Bernstein expressed concern regarding child
safety, the appropriateness of a commercial use on the property, and
potentially comprising the integrity of the existing neighborhood.
Crystal Arnold, 6610 Curtis Road, Colleyville, TX, came forward and spoke in
opposition to the case. Ms. Arnold expressed concern regarding the property
potentially having access onto Curtis Road.
Anthony Briley, 6601 Curtis Road, Colleyville, TX, came forward and spoke in
opposition to the case. Mr. Briley expressed concern regarding the property
potentially having access onto Curtis Road.
Frank Cox, 6608 Curtis Road, Colleyville, TX, came forward and spoke in
opposition to the case. Mr. Cox expressed concern regarding the
appropriateness of a commercial use on the property.
Len Nichols, 1017 Murphy Road, Colleyville, TX, came forward and spoke in
opposition to the case. Ms. Nichols expressed concern regarding potentially
compromising the integrity of the existing neighborhood, safety issues exiting
the development onto Precinct Line Road, and the appropriateness of a
commercial use on the property.
Robert Barnhouse, 6704 Curtis Road, Colleyville, TX, came forward and spoke
in opposition to the case. Mr. Barnhouse expressed concern regarding the
appropriateness of a commercial use on the property.
Steve Gordon, 6808 Herbert Road, Colleyville, TX, came forward and spoke in
opposition to the case. Mr. Gordon expressed concern regarding quality of life
with the proposed development and the appropriateness of a commercial use
on the property.
Mark LaPrade, 6605 Curtis Road, Colleyville, TX, came forward and spoke in
opposition to the case. Mr. LaPrade expressed concern regarding the potential
for increased traffic.
Sammie Bolling, 6712 Curtis Road, Colleyville, TX, came forward and spoke in
opposition to the case. Mr. Bolling expressed concern regarding a buffer
between the development and residential properties and drainage.
Mark Nuttall, 6606 Herbert Road, Colleyville, TX, came forward and spoke in
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 7
opposition to the case. Mr. Nuttall expressed concern regarding the expansion
of commercial development near the existing residential neighborhood.
With no one wishing to speak, the public hearing was closed at 10:13 p.m.
Mr. Wei came forward and answered questions of the Commission regarding
potential access onto Curtis Road, the flow of the property’s water, and the
appropriateness of a commercial use on the property.
Commissioner Groves made a motion to deny Case ZC22-022.
Commissioner Linn seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2f Consideration of a Zoning Change from R-40 Single Family Residential to
R-30 Single Family Residential zoning district for Lots 2 and 3, Block 3,
Stafford Heights Subdivision, located at 4801 and 4809 Manning Drive,
Case ZC22-023
Ben Bryner presented the item and briefed the Commission.
The applicant, Michelle Bahjat, 409 Timberline Drive South, Colleyville, TX,
came forward and answered questions of the Commission regarding the
hardship of the proposal.
The public hearing was open at 10:29 p.m.
Linda Baker, 4900 Behrens Road, Colleyville, TX, came forward and spoke in
opposition to the case. Ms. Baker expressed concerns regarding the applicant
not doing their due diligence researching the property and staff’s
recommendation for approval.
Kathy Hadley, 204 Timberline Drive North, Colleyville, TX, came forward and
spoke in opposition to the case. Ms. Hadley expressed concerns regarding the
preservation of large lots.
With no one wishing to speak, the public hearing was closed at 10:37 p.m.
Staff answered questions of the Commission regarding whether the lot met the
dimensional requirements for R-40 zoning.
Mrs. Bahjat came forward and answered questions of the intent to build one
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 8
home on each lot.
Commissioner Williamson made a motion to approve Case ZC22-023.
Commissioner Raine seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2g Consideration of a Zoning Change from R-40 Single Family Residential to
R-30 Single Family Residential zoning district for Lot 15 W1/2, Block 1,
Wescoat Place Addition, located at 6105 Bettinger Drive, Case ZC22-024
Ben Bryner presented the item and briefed the Commission.
The applicant, Sam Noel, 5805 Bettinger Drive, Colleyville, TX, came forward
and answered questions of the Commission regarding the proposed zoning
change.
The public hearing was open at 10:51 p.m.
Robert Hicks, 6113 Bettinger Drive, Colleyville, TX, came forward and spoke in
support of the case. Mr. Hicks expressed that the properties should already be
zoned R-30.
With no one wishing to speak, the public hearing was closed at 10:53 p.m.
Staff answered questions of the Commission regarding the zoning of the
current zoning of the property.
Commissioner Raine made a motion to approve Case ZC22-024.
Commissioner Williamson seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2h Consideration of a Replat with a plat waiver for lot size for Lot 15R1, Block
1, Wescoat Place Addition, being Lot 15 W1/2, Block 1, Wescoat Place
Addition, located at 6105 Bettinger Drive, Case PC22-008
Ben Bryner presented the item and briefed the Commission.
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 9
The applicant, Sam Noel, 5805 Bettinger Drive, Colleyville, TX, came forward
and answered questions of the Commission regarding the proposed replat.
The public hearing was open at 10:59 p.m.
With no one wishing to speak, the public hearing was closed at 10:59 p.m.
Commissioner Groves made a motion to approve Case PC22-008.
Commissioner Linn seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
2i Consideration of a Replat for Lots 1-R and 3, Block 1, Dotti Addition, being
Lot 1, Block 1, Dotti Addition, located at 1310 Tinker Road, Case PC22-
009
Ben Bryner presented the item and briefed the Commission.
The applicant, Gasten Schoonover, 1310 Tinker Road, Colleyville, TX, came
forward and answered questions of the Commission regarding the intent for
the property.
Staff answered questions of the Commission regarding existing buildings on
the property and the replat’s compliance with code.
The public hearing was open at 11:03 p.m.
With no one wishing to speak, the public hearing was closed at 11:03 p.m.
Commissioner Williamson made a motion to approve Case PC22-009.
Commissioner Raine seconded the motion.
The motion was carried by the following vote:
Aye: 5 – Groves, Williamson, Raine, Linn, and Bevill
Nay: 0
3. CITIZEN COMMENTS
The public hearing was open at 11:04 p.m.
Planning and Zoning
Commission Minutes June 13, 2022
City of Colleyville Page 10
Kathy Hadley, 204 Timberline Drive North, Colleyville, TX, came forward and
expressed concern regarding newer, larger homes creating drainage issues for
smaller, older homes.
With no one wishing to speak, the public hearing was closed at 11:08 p.m.
4. AJOURNMENT
The meeting adjourned at 11:08 p.m.
The minutes were written and prepared by:
Dakari Hill
Planner
The meeting minutes were approved on ______, ____ by a vote of ____.
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, June 27, 2022 Executive Conference Room
CALL MEETING TO ORDER
The City of Colleyville Planning and Zoning Commission Worksession Meeting was
called to order by Chair Bevill on June 27, 2022, at 6:15 p.m.
Roll Call
Present: David Groves, Lawrence Williamson, Tim Raine, Jim Linn, and Claudia Bevill
Absent: Sayeda Syed
Staff Present: Ben Bryner, Jacquelyn Reyff, Rob McKeown, and Dakari Hill
Also Present: Attorney, Nicole Corr
2. WORKSESSION AGENDA ITMES
2 a Presentation and discussion of a Special Use Permit for a Fence to be
located beyond the front façade of the primary dwelling on Lot 2, Block
A, Park View Estate, located at 717 Field Street, Case ZC22-025
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding the distance between the
proposed fence and neighboring property, the property’s existing fencing, and
whether neighboring residences have fences in the front of their property.
2b Presentation and discussion of amendments to Chapter 3 of the Land
Development Code to not require a variance for non-conforming lots of
record where the deviation is not more than fifteen percent (15%) of a
dimensional regulation, specifically amending Section 3.7.B Non-
conforming Lots of Record, Case GC22-008
Ben Bryner presented the item and briefed the Commission. Staff addressed
questions of the Commission regarding the details of the amendment, the most
appropriate percentage, and the reasoning for the amendment.
Planning and Zoning
Commission Minutes June 27, 2022
City of Colleyville Page 2
3. AJOURMENT
The meeting adjourned at 6:41 p.m.
The minutes were written and prepared by:
Dakari Hill
Planner
The meeting minutes were approved on ______, ____ by a vote of ____.
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 2a Agenda Date 7/11/2022 Number
Type Public Hearing Agenda Items
Department Planning and Zoning Commission
Title
Consideration of a Special Use Permit for a Fence to be located beyond the front
facade of the primary dwelling on Lot 2, Block A, Park View Estate, located at 717 Field
Street, Case ZC22-025
Explanation
Brian Kenner, the applicant, has submitted a request for a Special Use Permit (SUP)
for a five-foot iron fence with a gate over the driveway and an eight-foot wooden fence
both to be located beyond the front façade of the primary structure on Lot 2, Block A,
Park View Estate being approximately 0.57 acres, and zoned R-20 Single-Family
Residential district.
Existing Conditions/Background: The subject property, 717 Field Street, has R-20
zoning and is located at the intersection of Field Street and South Street. The subject
property has a new single-family residence.
SUP Request:
Request – The applicant is requesting approval of an SUP to allow for a five-foot iron
fence with a gate and an 8-foot wooden fence, both to be forward of the home. The
proposed fence is requested to be placed approximately 7.5 feet to the limits of the
easement from the front property line.
Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials
Regulations of the Land Development Code establishes the maximum size and location
of fencing to be permitted by staff on a residential lot:
“E. Fence and Free-Standing Wall Setback Requirement:
1. Front Yards: No fence or freestanding wall greater than thirty (30) inches in height
and no greater than twenty-five (25) percent opaque construction shall be located
beyond the front façade of the primary residential structure.
a. The primary fencing material shall be of wrought iron, pre-formed concrete,
poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail
construction, a combination thereof or other similar material approved by the City
Building Official. All poured in place concrete and CMU shall contain an architectural
Planning and Zoning Commission Agenda Briefing 2a
City of Colleyville Page 2
finish.
Regulation “1” above applies in this case requiring that no fence be allowed to extend
beyond the front façade of the house. The applicant proposes to locate an iron fence
with a gate 5 feet in height and an 8-foot wooden fence both to extend beyond the
front facade. The Land Development Code provides the opportunity to request an SUP
to modify from the requirements:
Special Use Permit Provision: Any request for a building permit for a fence/wall
which does not meet the criteria in this Section shall only be authorized after
approval of a Special Use Permit by the City Council using the procedures contained
elsewhere in this Land Development Code.
Analysis: Any request for a residential fence which differs from the Land Development
Code shall only be authorized after approval of a Special Use Permit by the City
Council. The applicant is proposing a five-foot iron fence with gate and an 8’ wood
fence to be located beyond the front façade of the home. It would be setback
approximately 7.5 feet from the front property line.
Plat Status: The property is platted as Lot 2, Block A, Park View Estate. DRC Review:
The DRC met on June 20th and determined the case could be scheduled for the next
available Planning and Zoning Commission meeting.
Drainage: NA
Surrounding Development: The properties to the south and west are zoned R-20
and contain single-family residential development. The property to the east is zoned
PUD-R Planned Unit Development – Residential and contain single-family residential
development. The property to the north is zoned R-10 Single Family Residential and is
improved with uses associated with single-family residential development.
Public Notification: Staff mailed notices to all property owners within 500 feet as
well as any Homeowners Associations within 1,000 feet of the subject property
regarding this request. Grapevine-Colleyville ISD, where the subject property is
located, was notified per State law. Notice was published in the Fort Worth Star-
Telegram as required by State law and the Land Development Code.
Staff Recommendation: Staff recommends denial of the requested SUP as it does
not meet the technical requirements of the Land Development Code.
Recommendation
Denial
Attachments
1. Aerial Map
Planning and Zoning Commission Agenda Briefing 2a
City of Colleyville Page 3
2. Zoning Map
3. Future Land Use Map
4. Site Plan - Fence Detail 1
5. Site Plan - Fence Detail 2
6. Street View 1
7. Street View 2
8. Notification Map
9. Notification Letter
10. Notification List
11. Draft Ordinance
800
815
5405
611
605
824
82
516
516
825
601
5513
613
98
80
5300
708
705
81
513
704
608
609
713 821
700
805
85
77
48
5312
516
513
608
600
600
613
700
517
816
5405
612
813
96 87
5201
715711
515
701
5412
609
604
5320
79
517
601
705
713
5505
5309
817
5201
712
5508
605
809
94
38
811
812
612
92
704
801
820
613
53
813
5226
812
806
5313
705
612
704
700
716
709
820
5310
613
5509
600
701
70
828
601
608
609
603
5217
709
705
814
1000
701
90
601
805
605
83
76
816
800
5412
805
509
35
100
804
5408 804
813
102
808
604
809
604
5301
5201 713
605
803
817
607 701
616
801
714
35
802
717
5504
CASA LANESOUTHDRIVE PLEASANT RUN ROADCH U R C H S T R EE T
EUDA LY DRIVE
FIELD ST REE T
MIS S ION LA NE
V E R A N D A L A N E
REGINA C OUR T
THOMAS STREET
HILLSID E ROAD
C E N T R A L D R I V E
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
800
815
5405
611
605
824
82
516
516
825
601
5513
613
98
80
5300
708
705
81
513
704
608
609
713 821
700
805
85
77
48
5312
516
513
608
600
600
613
700
517
816
5405
612
813
96 87
5201
715711
515
701
5412
609
604
5320
79
517
601
705
713
5505
5309
817
5201
712
5508
605
809
94
38
811
812
612
92
704
801
820
613
53
813
5226
812
806
5313
705
612
704
700
716
709
820
5310
613
5509
600
701
70
828
601
608
609
603
5217
709
705
814
1000
701
90
601
805
605
83
76
816
800
5412
805
509
35
100
804
5408 804
813
102
808
604
809
604
5301
5201 713
605
803
817
607 701
616
801
714
35
802
717
5504
CASA LANESOUTHDRIVE PLEASANT RUN ROADCH U R C H S T R EE T
EUDA LY DRIVE
FIELD ST REE T
MIS S ION LA NE
V E R A N D A L A N E
REGINA C OUR T
THOMAS STREET
HILLSID E ROAD
C E N T R A L D R IV E
AG
CC-1
CC-1
R-10
PU D-C
AG
CNR-20
CC-1
PU D-R
CN
RE
AG
R-20
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
800
815
5405
611
605
824
82
516
516
825
601
5513
613
98
80
5300
708
705
81
513
704
608
609
713 821
700
805
85
77
48
5312
516
513
608
600
600
613
700
517
816
5405
612
813
96 87
5201
715711
515
701
5412
609
604
5320
79
517
601
705
713
5505
5309
817
5201
712
5508
605
809
94
38
811
812
612
92
704
801
820
613
53
813
5226
812
806
5313
705
612
704
700
716
709
820
5310
613
5509
600
701
70
828
601
608
609
603
5217
709
705
814
1000
701
90
601
805
605
83
76
816
800
5412
805
509
35
100
804
5408 804
813
102
808
604
809
604
5301
5201 713
605
803
817
607 701
616
801
714
35
802
717
5504
CASA LANESOUTHDRIVE PLEASANT RUN ROADCH U R C H S T R EE T
EUDA LY DRIVE
FIELD ST REE T
MIS S ION LA NE
V E R A N D A L A N E
REGINA C OUR T
THOMAS STREET
HILLSID E ROAD
C E N T R A L D R I V E
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
Residential
Colleyville Blvd Corridor
Open Space; Parks
DocuSign Envelope ID: 1417E78B-91C6-4876-9D8D-2E7E934CEAE4
BRANSFORD ROADM AIN S TR E ET PLEASANT RUN ROADCASA LANESOUTHDRIVE
VILLAGELANEV ER A N DA L AN E
REGINA C OUR TFIELD ST REE T
EUDA LY DRIVE
COLLEYVILLE TE RRA CE
THOMA S STREET
C E N T R A L D R IV E
HILLSID E ROAD
Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
500ft Buffer
Properties within 500ft
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning and Zoning Commission Meeting: Monday, July 11, 2022 at 7:00 p.m.
City Council Meetings: Tuesday, August 2, 2022 & Tuesday, August 16, 2022 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit for a Fence to be located beyond
the front façade of the primary dwelling. The purpose of the request is to
allow for a wood and iron fence with an iron driveway gate to encroach
into the 30-foot required front yard setback.
Zoning Case:ZC22-025
Applicant:Brian Kenner
Owner: Brian Kenner
Location:717 Field Street
Property Description:Lot 2, Block A, Park View Estate
Present Zoning:R-20 Single Family Residential
This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will
be placed on the next available City Council agenda as listed above. Rezoning requests, zoning
amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
NOTICE OF PUBLIC HEARING
The application is on file for public examination in the Community Development Department at 100 Main
Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and
Active Development Case map (please use your phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1056.
Please reference the zoning case number when requesting information.
Jacquelyn Reyff
Principal Planner
jreyff@colleyville.com
Owner Name Owner Address Owner City
2021VECO LLC 6406 CUTTER RIDGE CT COLLEYVILLE, TX
BANKS, JAMES 715 CENTRAL DR COLLEYVILLE, TX
BARNES, MICHAEL 812 REGINA CT COLLEYVILLE, TX
BELL, MICHAEL W 816 REGINA CT COLLEYVILLE, TX
BENNETT, LORI 611 FIELD ST COLLEYVILLE, TX
BERGMAN, JONAS 612 FIELD ST COLLEYVILLE, TX
BRUNKEN, JOHN E. JR.7204 BELLE MEADE DR COLLEYVILLE, TX
CARDINI, CHRISTOPHER 821 REGINA CT COLLEYVILLE, TX
CHACKO, RAIBU 817 REGINA CT COLLEYVILLE, TX
CHANDLER, LEA 508 TUCKER ST MCKINNEY, TX
CLARKE PRODUCTS INC 820 CENTRAL DR COLLEYVILLE, TX
COLLEYVILLE HEIGHTS 816 REGINA CT COLLEYVILLE, TX
CRANDALL, BRUCE 5412 PLEASANT RUN RD COLLEYVILLE, TX
D & V WALKER PROPERTIES LLC 5501 NORMANDY DR COLLEYVILLE, TX
DS & RS PROPERTIES LLC 2421 ARBOR GATE LN COLLEYVILLE, TX
DUKE, JAMES 812 CENTURY DR COLLEYVILLE, TX
FIGUEROA FAMILY REVOCABLE TRUS 817 CENTRAL DR COLLEYVILLE, TX
FLUEGEL, KYLE 801 THOMAS ST COLLEYVILLE, TX
GABLE, MICHAEL 813 CENTRAL DR COLLEYVILLE, TX
GARCIA, ANNETTE PO BOX 1466 COLLEYVILLE, TX
GARCIA, JOHN 616 EUDALY DR COLLEYVILLE, TX
GARRETT, RUSSELL W 820 REGINA CT COLLEYVILLE, TX
GRACIA, MACEDONIO 803 THOMAS ST COLLEYVILLE, TX
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX
GREENBERG, MICHELLE 804 REGINA CT COLLEYVILLE, TX
GRIFFIN, TIMOTHY S 828 REGINA CT COLLEYVILLE, TX
GROFFMAN, STEVEN 815 CENTRAL DR COLLEYVILLE, TX
HALEY, JASON B 711 CENTRAL DR COLLEYVILLE, TX
HARRIS, FRANK H 5509 SOUTH DR COLLEYVILLE, TX
HASELTINE, MARILYN L 704 FIELD ST COLLEYVILLE, TX
HELM, ERIC 825 REGINA CT COLLEYVILLE, TX
HENIGSMITH, CECIL 705 THOMAS ST COLLEYVILLE, TX
INGRAM, TERESA 808 REGINA CT COLLEYVILLE, TX
JOHNSTON, NICHOLAS 705 EUDALY DR COLLEYVILLE, TX
KELLEY, CHARLES S 705 HILLSIDE RD COLLEYVILLE, TX
KELLOGG FAMILY TRUST 824 REGINA CT COLLEYVILLE, TX
KENNER, ASHLEY 717 FIELD ST COLLEYVILLE, TX
KIM & DEBORAH SHELTON TRUST 813 REGINA CT COLLEYVILLE, TX
LAIBLY, CATHEY 704 EUDALY DR COLLEYVILLE, TX
LALA FAMILY TRUST 816 CENTRAL DR COLLEYVILLE, TX
LONG, MATTHEW 805 REGINA CT COLLEYVILLE, TX
MAX, RICHARD W 700 FIELD ST COLLEYVILLE, TX
MCDONALD, CEACY SAMANTHA 814 CENTRAL DR COLLEYVILLE, TX
MCNARY PROPERTIES 1230 BROWN TR STE 107 BEDFORD, TX
MISKO, SUSAN R 716 CENTRAL DR COLLEYVILLE, TX
MITCHELL, JEWELL O 800 THOMAS ST COLLEYVILLE, TX
MOORE, KAREN JEAN PO BOX 694 COLLEYVILLE, TX
PAYNE, KAREN M 608 FIELD ST COLLEYVILLE, TX
PICKENS, ROSEMARY 708 THOMAS ST COLLEYVILLE, TX
RAINES, ESTHER DELEON 605 FIELD ST COLLEYVILLE, TX
REYNOLDS, GILES 714 CENTRAL DR COLLEYVILLE, TX
ROEMING, BRANTON F 805 THOMAS ST COLLEYVILLE, TX
STOUVENEL RYAN FOREST 607 FIELD ST COLLEYVILLE, TX
TIPTON, CAROL A 701 FIELD ST COLLEYVILLE, TX
TUMPAK, SCOTT 809 REGINA CT COLLEYVILLE, TX
TURNER, CHRISTINE 713 CENTRAL DR COLLEYVILLE, TX
VENABLE, JONATHAN 700 EUDALE DR COLLEYVILLE, TX
WARNER, RICHARD D 5408 SOUTH DR COLLEYVILLE, TX
WELCH, DONALD 713 FIELD ST COLLEYVILLE, TX
WESCOAT, BRYAN S 804 COLLEYVILLE TERR COLLEYVILLE, TX
WILLIAMSON, LAWRENCE 709 THOMAS ST COLLEYVILLE, TX
WILLIAMSON, PENNY S 713 THOMAS ST COLLEYVILLE, TX
YOUNG, CLINT 811 CENTRAL DR COLLEYVILLE, TX
ORDINANCE O-22-XXXX
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.57 ACRES, ON LOT 2, BLOCK A, PARK VIEW ESTATE,
LOCATED AT 717 FIELD STREET BY AUTHORIZING A SPECIAL USE
PERMIT FOR A FENCE TO BE LOCATED BEYOND THE FRONT FAÇADE OF
THE PRIMARY DWELLING; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a Special
Use Permit for a fence to be located beyond the front facade of
the primary dwelling under Case No. ZC21-025; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to amend the City’s zoning ordinance; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the City’s
zoning districts and their peculiar suitability for particular uses,
with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the City; and
WHEREAS, the City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the City
Charter, and state law with reference to changes to zoning
classifications under the City’s zoning ordinance and zoning map,
having given the requisite notices required by law and having
held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit for a fence to be located beyond
the front façade of the primary dwelling on lot on 0.57 acres, being
Lot 2 Block A, Brown Addition, located at 717 Field Street, as
depicted on the attached as Exhibit “A”.
Ordinance O-22-XXXX
Page 2 of 3
Sec. 2. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore amended,
and as amended herein.
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1.GENERAL
a.The Special Use Permit shall apply to an iron fence 5’ in height
with an iron gate and an wooden fence 8’ in height to extend
beyond the front façade of the house being approximately a
6-foot setback from the front property line.
b.It shall be generally consistent with the site plan and as
depicted on the attached Exhibit “B”.
c.All requirements of the Land Development Code shall be met,
except where amended herein.
Sec. 4. THAT any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as
provided for in the Comprehensive Zoning Ordinance of the City of
Colleyville, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
of this ordinance.
Sec. 7. THAT this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law or
charter in such cases may provide.
Ordinance O-22-XXXX
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of August
2022.
The second reading and public hearing being conducted on the 16th day of
August 2022.
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS
ON THIS THE 16TH DAY OF AUGUST 2022.
Mayor Bobby Lindamood Mayor Pro Tem Kathy Wheat
Place 1, Brandi Elder Place 5, Chuck Kelley
Place 2, George Bond Place 6, Callie Rigney
Place 4, George Dodson
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Location and Zoning Map
Exhibit “B” – Site Plan
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 2b Agenda Date 7/11/2022 Number
Type Public Hearing Agenda Items
Department Planning and Zoning Commission
Title
Consideration of amendments to Chapter 3 of the Land Development Code to not
require a variance for non-conforming lots of record where the deviation is not more
than fifteen percent (15%) of a dimensional regulation, specifically amending Section
3.7B Non-conforming Lots of Record, Case GC22-008
Explanation
The City recently has reviewed several cases where a non-conforming lot of record
required a variance to the lot area regulation for the zoning district prior to a building
permit issued for improvements to the property. In most cases, the neighborhoods
where the lots exist had been platted in this configuration for decades. The City
Council asked staff to provide an amendment to the Land Development Code that
would exempt a non-conforming lot of record from needing to receive a variance
approval when the deviation is no more than 15% of a regulation governing lot
dimensions.
Recommendation
Approve
Attachments
1. Amendments to Section 3.7.B Non-Conforming Lots of Record 6.22.22
2. Draft Ordinance - Non-Conforming Lots of Record
Section 3.7 – Non-conforming Uses, Lots and Buildings
B. Non-conforming Lots of Record – In any zoning district in which single-family dwellings or
commercial buildings are permitted, a single-family dwelling or commercial building and customary
accessory buildings may be erected on any single lot of record at the effective date of adoption or
amendment of this Chapter, notwithstanding limitations imposed by other provisions of this Chapter;
provided, that such lot must be in separate ownership, and must conform with the district regulations
governing minimum lot size and yard dimensions for the district in which such lot is located. Variance
of district regulations governing minimum lot size or minimum yard dimensions shall be obtained
only through action of the City Council per Chapter 1, Section 1.13.D and Sections 1.16.E. Exception:
A non-conforming lot of record would be exempt from receiving a variance approval when the
deviation is no more than 15% of a regulation governing lot dimensions (lot area, lot width, and lot
depth).
*red indicates new proposed language
ORDINANCE O-22-xxxx
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3, SECTION 3.7.B NON-CONFORMING LOTS OF RECORD OF
THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council of the City of Colleyville approved Ordinance O-
00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend Chapter 3, Section 3.7.B
Non-Conforming Lots of Record of the Land Development Code;
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT Chapter 3, Section 3.7.B Non-Conforming Lots of Record of
the Land Development Code is hereby amended to read as depicted
in the attached Exhibit “A”.
Sec. 2.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. 3.THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Ordinance O-22-xxxx
Page 2 of 2
Sec. 4.THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
of this ordinance.
Sec. 5.THAT this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law or
charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of August
2022.
The second reading and public hearing being conducted on the 16th day of
August 2022.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE 16TH DAY OF AUGUST 2022.
Mayor Bobby Lindamood Mayor Pro Tem Kathy Wheat ____
Place 1, Brandi Elder Place 5, Chuck Kelley ____
Place 3, George Bond Place 6, Callie Rigney ____
Place 4, George Dodson
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt L. Wyatt
City Attorney
Exhibit “A”
Section 3.7 – Non-conforming Uses, Lots and Buildings
B. Non-conforming Lots of Record – In any zoning district in which single-family dwellings or
commercial buildings are permitted, a single-family dwelling or commercial building and
customary accessory buildings may be erected on any single lot of record at the effective date
of adoption or amendment of this Chapter, notwithstanding limitations imposed by other
provisions of this Chapter; provided, that such lot must be in separate ownership, and must
conform with the district regulations governing minimum lot size and yard dimensions for the
district in which such lot is located. Variance of district regulations governing minimum lot
size or minimum yard dimensions shall be obtained only through action of the City Council
per Chapter 1, Section 1.13.D and Sections 1.16.E. Exception: A non-conforming lot of record
would be exempt from receiving a variance approval when the deviation is no more than 15%
of a regulation governing lot dimensions (lot area, lot width, and lot depth).
*red indicates new proposed language