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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-8/28/2023City of Colleyville Page 1 CITY OF COLLEYVILLE PLANNING AND ZONING COMMISSION SPECIAL MEETING AGENDA 100 Main Street Colleyville, Texas 76034 MONDAY, AUGUST 28, 2023 IMMEDIATLEY FOLLOWING WORKSESSION CITY COUNCIL CHAMBERS THIRD FLOOR 1.PUBLIC HEARING AGENDA ITEMS 1a Consideration of a Special Use Permit to allow a non-compliant fence for Lot 1, Block A, Shanklin Farm Addition, located at 4820 Bill Simmons Road, Case ZC23-016 2.CITIZEN COMMENTS 3.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, August 24, 2023, by 5:00 p.m. Jacquelyn Reyff Planning Manager A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 CITY OF COLLEYVILLE PLANNING AND ZONING COMMISSION BRIEFING Agenda Number 1a Agenda Date 8/28/2023 Number Type Presentation and Discussion Department Community Development Title Consideration of a Special Use Permit to allow a non-compliant fence for Lot 1, Block A, Shanklin Farm Addition, located at 4820 Bill Simmons Road, Case ZC23-016 Explanation Tabled from the August 14, 2023 Planning and Zoning Commission Meeting Boyce Estes, the applicant, has submitted a request for a Special Use Permit (SUP) for a street side yard fence to extend beyond the building setback and be located on the property line along Glade Road on Lot 1, Block A, of the Shanklin Farm Addition, being approximately 0.87 acres, and zoned R-20 Single-Family Residential district. Existing Conditions/Background: The subject property, 4820 Bill Simmons Road, has R-20 zoning and is located at the Southwest corner of the intersection of Glade Road and Bill Simmons Road. The subject property will have a new single-family residence. SUP Request: Request – The applicant is requesting approval of an SUP to allow a six (6) foot wrought iron fence to encroach into the street side yard setback. The proposed fence is requested to be placed on the property line encroaching on an 11.5-foot roadway and pedestrian easement. Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials Regulations of the Land Development Code establishes the maximum size and location of fencing to be permitted by staff on a residential lot: “E. Fence and Free-Standing Wall Setback Requirement: 2. Corner Side Yards: Except where allowed elsewhere in this chapter, no fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall extend into the required street side yard. The regulations of 1.a through 1.d above shall apply. Regulation “2” above applies in this case requiring that no fence be allowed to extend into the street side yard, which is 30 feet per the R-20 zoning. The applicant proposes to locate a 6 foot wrought iron fence onto the side property line which will encroach into the street side yard setback. The Land Development Code provides the opportunity to City of Colleyville Page 2 Planning and Zoning Commission Agenda Briefing 1a request an SUP to deviate 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: The applicant is proposing a six-foot wrought iron fence located on the street side property line and encroaching on an 11.5-foot roadway and pedestrian easement. Plat Status: Lot 1, Block A, of the Shanklin Farm Addition. DRC Review: The DRC met on July 24th 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 east are zoned R-20 and contain single-family residential development. The property to the west is zoned R-30 and contains single-family residential development. The property to the north is zoned R-40 Single Family Residential and is improved 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 2. Zoning Map 3. Future Land Use Map 4. Statement of Planning Objectives 5. Plat 6. Site Plan 7. Photos Provded by Applicant 8. Notification Map 9. Notification Letter City of Colleyville Page 3 Planning and Zoning Commission Agenda Briefing 1a 10. Notification List 11. Letter Received 12. Draft Ordinance 1907 4703 4900 5101 4815 2212 4901 5017 4720 5000 4903 4807 4807 4913 2113 48014817 4809 48094711 2201 5100 4910 4704 2200 4800 2313 4906 2209 4803 2303 5006 2112 5013 5005 5106 2308 4715 4705 50011808 2000 4808 4808 4704 4816 4800 4901 1916 1808 4809 4811 4905 1809 4909 4810 2303 5106 4804 5101 1812 2301 1903 4914 2208 4801 4900 2208 2302 2309 1908 4708 1901 4804 4806 5007 4820 4801 4805 4800 5102 4913 1808 5104 4712 4821 1812 4712 1809 5008 4724 4711 4902 5109 2016 5102 4811 4808 5005 4814 2205 4907 2300 1813 2209 4723 4905 4600 2209 4811 5009 4813 2301 5008 5001 2301 4802 1812 1905 4709 4911 5105 1813 2300 4816 5105 5016 4812 4820CAMELOT DRGREEN HILL LNGLADE RD AVALON DR ARTHUR DR NORWALK DR BELDONTRMONTCLAIR DRCRANBROOKDR EBILL SIMMONS RDPATTERSON LNSubject Property 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. ZC23-016 4820 Bill Simmons Aerial Map 1907 4703 4900 5101 4815 2212 4901 5017 4720 5000 4903 4807 4807 4913 2113 48014817 4809 48094711 2201 5100 4910 4704 2200 4800 2313 4906 2209 4803 2303 5006 2112 5013 5005 5106 2308 4715 4705 50011808 2000 4808 4808 4704 4816 4800 4901 1916 1808 4809 4811 4905 1809 4909 4810 2303 5106 4804 5101 1812 2301 1903 4914 2208 4801 4900 2208 2302 2309 1908 4708 1901 4804 4806 5007 4820 4801 4805 4800 5102 4913 1808 5104 4712 4821 1812 4712 1809 5008 4724 4711 4902 5109 2016 5102 4811 4808 5005 4814 2205 4907 2300 1813 2209 4723 4905 4600 2209 4811 5009 4813 2301 5008 5001 2301 4802 1812 1905 4709 4911 5105 1813 2300 4816 5105 5016 4812 4820CAMELOT DRGREEN HILL LNGLADE RD AVALON DR ARTHUR DR NORWALK DR BELDONTRMONTCLAIR DRCRANBROOKDREBILL SIMMONS RDPATTERSON LNR-40AG AG PUD-R R-20 R-20 R-20 R-30 R-30 R-40 R-20 R-20 RE Subject Property 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. ZC23-016 4820 Bill Simmons Zoning Map 1907 4703 4900 5101 4815 2212 4901 5017 4720 5000 4903 4807 4807 4913 2113 48014817 4809 48094711 2201 5100 4910 4704 2200 4800 2313 4906 2209 4803 2303 5006 2112 5013 5005 5106 2308 4715 4705 50011808 2000 4808 4808 4704 4816 4800 4901 1916 1808 4809 4811 4905 1809 4909 4810 2303 5106 4804 5101 1812 2301 1903 4914 2208 4801 4900 2208 2302 2309 1908 4708 1901 4804 4806 5007 4820 4801 4805 4800 5102 4913 1808 5104 4712 4821 1812 4712 1809 5008 4724 4711 4902 5109 2016 5102 4811 4808 5005 4814 2205 4907 2300 1813 2209 4723 4905 4600 2209 4811 5009 4813 2301 5008 5001 2301 4802 1812 1905 4709 4911 5105 1813 2300 4816 5105 5016 4812 4820CAMELOT DRGREEN HILL LNGLADE RD AVALON DR ARTHUR DR NORWALK DR BELDONTRMONTCLAIR DRCRANBROOKDR EBILL SIMMONS RDPATTERSON LNResidential Water Body Subject Property 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. ZC23-016 4820 Bill Simmons Future Land Use Map Narration and supporting documents for SUP for 4820 Bill Simmons Road. My wife and I have been long time Colleyville residents. In 2021, after retiring, we sold our home of 23 years in Thornbury subdivision in Colleyville and immediately began looking in Colleyville for a lot to build our “toe tag home.” Lots were fairly scarce, but we eventually found and purchased the lot at 4820 Bill Simmons Road. It is located at the corner or Bill Simmons and Glade and is just a few streets down Glade from our prior home. We are here tonight seeking a Special Use Permit to place a side yard fence (Glade Road side) at the property line (2 feet from sidewalk)(Option A) or 2 feet from the property line (4 feet from the sidewalk) (Option B). (See Exhibit 1 and Photos 1 & 2) This location is necessary to allow sufficient width of the driveway to allow entry and exit from the side entry garage. Currently, the width of the driveway with the current design is about 24 feet. This is the minimum recommended width required in parking lots and a preferred recommended width is 26 to 28 feet. Any fence placed on the south side of the 4 large pine trees along Glade would greatly magnify the difficulty of access to and from the garage. We are proposing to construct a wrought iron fence but will build whatever type fence the city requests. (See Photo 3 and Illustration 1) We feel that the proposed location of the fence is justified for the following reasons: 1. The fence would be consistent with most of the other fences on Glade which, almost without exception, are located at or within a few feet on the sidewalk. (See Photos 4 to 11) 2. It does not violate anything in the description in Section 3.26 of the Colleyville Land Development Code under “Scope” which reads “regulate fences…in a manner to promote safety, preserve property values, promote the general welfare of the City of Colleyville and to enhance the aesthetic quality of the community”. I feel that a decorative wrought iron fence would enhance the aesthetic quality. 3. An argument could be made that rules governing lots of 40000 square feet which allows side fences at the property line could be considered for this lot. My lot is only about 5% less than 40000 square feet. If you consider the land that the city owns, but that I am required to irrigate and maintain (approx 2700 square feet of turf area between sidewalk and Glade Road and approx 3000 square feet of turf area between front property line and Bill Simmons pavement) (See Photo 12) the total area is significantly above 40000 square feet. 4. An argument could be made that the rules governing a subdivision fence could be applied because of the way the property was platted and subdivided into 3 lots. Several factors influenced the site plan and house design including: 1. The buildable area of the lot is much smaller than the stated acreage. This is mainly due to a very large drainage easement on the back of the property. This easement was pushed forward another 27 feet due to a utility easement and further to protect the roots of several large elm trees on the back property line. I estimate that this reduces the buildable area by about one third. (See Exhibit 2 and Photos 13 & 14) 2. Our desire to design the house with aging in place considerations resulted in a one story house. This, in addition to the reduced buildable area, produced a floor plan which basically stretches from one side setback to the other. (See Exhibit 3) 3. We wanted to have the garage area on the Glade Road side of the house to mitigate exposure to road noise and for an increased sense of privacy, security and safety. Obviously, some of the arguments for the fence placement do not completely satisfy the objective requirements. However, I do believe that there is a subjective component to these decisions and I think that is what makes the P&Z committee, the City Council and the city staff so valuable. I also think that many, if not most, of the lots currently available are available because they have significant limitations that shape the design elements of the house and the site planning. Sometimes, strict enforcement of regulations superimposed on the other limitations of a particular lot may well make that lot unsuitable for building puts it at a significant disadvantage compared to properties built previously that were not subjected to these regulations. A separate issue that will be brought before the City Council is consideration of abandonment of the roadway and pedestrian easement as it is unlikely to be needed in light of the recent significant roadway work that has been done. Thank you for your consideration, Boyce Estes Photo 1 & 2 Flag on left at property line and flag on right two feet from property line Photo 3 Proposal for wrought iron fence Illustration 1 Illustration of proposed fence Photo 4 Photo 5 West of Beldon on Glade Behrens Ct and Glade Photo 6 Photo 7 Behrens Rd and Glade Stafford and Glade Photo 8 Photo 9 Jim Mitchell and Glade Cranbrook and Glade Photo 10 Photo 11 Cranbrook and Glade Summerbrook and Glade Illustration 2 Easement areas delinated in red Photo 12 Photo 13 Unbuildable area at the back of the property Photo 14 Unbuildable area at back of the property Exhibit 3 Site plan 1907 4703 4900 5101 4815 2212 4901 5017 4720 5000 4903 4807 4807 4913 2113 48014817 4809 48094711 2201 5100 4910 4704 2200 4800 2313 4906 2209 4803 2303 5006 2112 5013 5005 5106 2308 4715 4705 50011808 2000 4808 4808 4704 4816 4800 4901 1916 1808 4809 4811 4905 1809 4909 4810 2303 5106 4804 5101 1812 2301 1903 4914 2208 4801 4900 2208 2302 2309 1908 4708 1901 4804 4806 5007 4820 4801 4805 4800 5102 4913 1808 5104 4712 4821 1812 4712 1809 5008 4724 4711 4902 5109 2016 5102 4811 4808 5005 4814 2205 4907 2300 1813 2209 4723 4905 4600 2209 4811 5009 4813 2301 5008 5001 2301 4802 1812 1905 4709 4911 5105 1813 2300 4816 5105 5016 4812 4820CAMELOT DRGREEN HILL LNGLADE RD AVALON DR ARTHUR DR NORWALK DR BELDONTRMONTCLAIR DRCRANBROOKDR EBILL SIMMONS RDPATTERSON LNParcels to be notified Buffer Subject Property 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. ZC23-016 4820 Bill Simmons Notification Map 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, August 14, 2023 at 7:00 p.m. City Council Meetings: Tuesday, September 6, 2023 & September 19, 2023 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for a non-compliant fence on Lot 1, Block A, of the Shanklin Farm Addition. The request is for a street side yard fence to extend beyond the building setback and be located on the property line along Glade Road. Zoning Case:ZC23-016 Applicant:Boyce Estes Owner: Estes family living trust Location:4820 Bill Simmons Rd Property Description:Lot 1, Block A, of the Shanklin Farm Addition Present Zoning: R20 This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. NOTICE OF PUBLIC HEARING Jacquelyn Reyff Principal Planner jreyff@colleyville.com 1 OBJECTID Owner Name 1 SNEAD, DAVID 2 THOMPSON, NELDA E 3 SERIS, ANTHONY F 4 MEYER, CARISSA S 5 SHIPMAN, BUDDY L 6 SANDLIN, SCOTT 7 CARPENTER, JAMES 8 MURILLO, LOUIS 9 HUFF, DAVID A 10 PORTER, CHARLES ALLEN 11 ALEXANDER MANAGEMENT TRUST 12 WOLFE, KEVIN J 13 FERRANDO DONALD AND DIANE E 199 14 LABARGE, AMY 15 NEW, STEVE 16 FLETCHER, DAVID 18 NESBITT, WILLIAM H 19 HOBBS, SHANE 20 TOMLINSON, MIKELL A 21 BLAKE, C DAVID 22 DESTINY POINTE CHRISTIAN CENTER 23 GARLISH, JAMES 25 BELDON HOLLOW HOA 26 DIFILIPPO, JAMES 27 KHAN, ABDUN 28 CRACKJ LLC 29 GUMM, STEVE 30 N&LM REVOCABLE TRUST 32 ESTES FAMILY LIVING TRUST 33 CHELSEA PARK ADDITION 34 BELDON HOLLOW 35 CRANBROOK ESTATES 36 SUMMERBROOK WEST ADDN 37 SUMMERBROOK ADDN (COLLEYVILLE) 38 GRAPEVINE COLLEYVILLE ISD 2 Owner Address 4900 PATTERSON LN 5017 MONTCLAIR DR 5000 MONTCLAIR DR 4807 BILL SIMMONS RD 4913 BELDON TR 5137 DAVIS BLVD 2201 GLADE RD 2200 GLADE RD 5006 GREEN HILL LN 2112 GLADE RD 4808 BILL SIMMONS RD PO BOX 915 4901 BELDON TRL 4809 BILL SIMMONS RD 4905 BILL SIMMONS RD 4909 BELDON TRL 2208 GLADE RD 4804 PATTERSON LN 4805 BILL SIMMONS RD 4821 BELDON TR 2350 E MAYFIELD RD 4808 PATTERSON LN PO BOX 797 4905 BELDON TR 4820 N HAVEN 5701 MORLAIX CT 5001 MONTCLAIR DR 5016 MONTCLAIR DR 1711 WILDFLOWER TR 1816 Avondale Drive P.O. Box 797 P.O. Box 372 P.O. Box 864 P.O. Box 864 3051 IRA E WOODS AVE 3 Owner City COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX NORTH RICHLAND HILLS, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX ARLINGTON, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX DALLAS, TX COLLEYVILLE, TX COLLEYVILLE, TX COLLEYVILLE, TX GRAPEVINE, TX COLLEYVILLE ,TX COLLEYVILLE ,TX COLLEYVILLE ,TX COLLEYVILLE ,TX COLLEYVILLE ,TX GRAPEVINE, TX 4 Owner Zip Situs Address 76034 4900 PATTERSON LN 76034 5017 MONTCLAIR DR 76034 5000 MONTCLAIR DR 76034 4807 BILL SIMMONS RD 76034 4913 BELDON TR 76180 2113 GLADE RD 76034 2201 GLADE RD 76034 2200 GLADE RD 76034 5006 GREEN HILL LN 76034 2112 GLADE RD 76034 4808 BILL SIMMONS RD 76034 4816 BILL SIMMONS RD 76034 4901 BELDON TR 76034 4809 BILL SIMMONS RD 76034 4905 BILL SIMMONS RD 76034 4909 BELDON TR 76034 2208 GLADE RD 76034 4804 PATTERSON LN 76034 4805 BILL SIMMONS RD 76034 4821 BELDON TR 76014 2016 GLADE RD 76034 4808 PATTERSON LN 76034 4803 BELDON TR 76034 4905 BELDON TR 75229 2209 GLADE RD 76034 5008 MONTCLAIR DR 76034 5001 MONTCLAIR DR 76034 5016 MONTCLAIR DR 76051 4820 BILL SIMMONS RD 76034 COURTESY NOTICE 76034 COURTESY NOTICE 76034 COURTESY NOTICE 76034 COURTESY NOTICE 76034 COURTESY NOTICE 76051 STATE REQUIRED From:Boyce Estes To:Jackie Reyff Cc:boyce Estes Subject:Fwd: Fencing request, support letter 4820 Bill Simmons Date:Saturday, August 5, 2023 12:55:59 PM Sent from my iPhone Begin forwarded message: From: Date: August 4, 2023 at 2:59:51 PM CDT To: Subject: Fencing request Mr. Skip Estes, It was a pleasure to meet you and welcome to our neighborhood. I wish to inform you my husband Steve and I have no objections to your fencing request. I think your proposal will add beauty, privacy and continuity to our neighborhood. Sincerely, Karen and Steve New 4905 Bill Simmons Road Colleyville, Tx 76034 From:Boyce Estes To:Jackie Reyff Cc:boyce Estes Subject:Fwd: 4820 Bill Simmons Rd support letter Date:Saturday, August 5, 2023 12:55:04 PM Sent from my iPhone Begin forwarded message: From: Shane Hobbs <> Date: August 4, 2023 at 4:18:02 PM CDT To: Subject: 4820 Bill Simmons Rd My Name is Shane Hobbs my wifes name Is Sherrill Hobbs we live at 4804 Patterson Ln Colleyville we are both supportive of the changes Mr Estes is trying to make at 4820 Bill Simmons Rd. We both feel this will be a great asset to our community. Thank You Shanr Hobbs From:Boyce Estes To:Jackie Reyff Subject:Fwd: Letter 4820 Bill Simmons Road Date:Sunday, August 6, 2023 6:08:46 PM Sent from my iPhone Begin forwarded message: From: Uma Lal <> Date: August 6, 2023 at 6:06:18 PM CDT To: Subject: Letter Please let me know if you need anything else. Uma Lal Sent from my iPhone From:Ben Bryner To:Jackie Reyff; Kristopher Potts; Scott Hammons Subject:FW: Failure Notice Date:Monday, August 7, 2023 8:30:02 AM From: Sent: Sunday, August 6, 2023 4:02 PM To: Ben Bryner <BBryner@colleyville.com> Subject: Fw: Failure Notice Dear Mr Bryner, After see the sign at the corner of Bill Simmons and Glade I made some inquiries into the proposed change. It seem that the problem is the amount of set back off of Glade. I personally went out with a tape measure and took some measurements. The measurements are not exact by any means, I measured from the inside of the curb to the fence or the retaining wall. I found the distance varies greatly from 11' to 37'. Examples - - Corner of Glade and Bluebonnet are as close as 12' distance - Near the corner of Glade and Behrnes Rd 20' distance - On Glade between Behrnes Ct and Cranbrook E the distance varied from 12' to 15' - On Glade between Cranbrook E and Beldon Trail the distance was as little as 11' - Glade and Summerbrook 25' distance The variance the Estes' are proposing would be in line with other homes, fences or retaining walls along Glade Rd. between Bluebonnet and the traffic circle. I believe the city should grant the variance.. Sincerely, Belinda Baker 4504 Bill Simmons Rd Colleyville, TX 76034 From:Kevin Wolfe To:Jackie Reyff Subject:Zoning Case ZC23-016 Boyce Estes Date:Monday, August 7, 2023 8:34:55 PM Jackie: In pursuit of the zoning notification we received for the case referenced above, we support the efforts of Dr. Boyce Estes to receive the zoning change to allow the side fence to be placed on the north property line. We do not see nor believe how a fence will affect or harm the city in anyway. As you know, I am familiar with the property and was involved in the platting process of this subdivision. The properties within this subdivision all were designed to have about the same frontage to allow a home with fenced side yards. The fence will help provide a greater distance between this fence and his home allowing for more home security. A fence will be consist with other properties along Glade road, being located on or about the Right-of-Way (R.O.W.) line. We are asking for the board to favor the applicate, Dr. Boyce Estes to allow the fence. Thank you for your consideration. Kevin J Wolfe 4812 Bill Simmons Road Colleyville, TX 76034 From:Tommy Curb To:Ben Bryner; Jackie Reyff Cc: Subject:4820 Bill Simmons RD Date:Wednesday, August 9, 2023 9:28:16 AM Dear sirs, I have received a copy of a letter from our future neighbor Mr. Skip Estes regarding his request to the city of Colleyville for a variance to install a wrought iron privacy fence on his property referenced above. My wife and I have lived in Colleyville for over 20 years and have lived on Bill Simmons RD for 18 years of those years. We are excited to see the development of the address referenced above and we are supportive of Mr. Estes request. I believe what Mr. Estes has requested is reasonable and inline with the character of the homes in our area and the city of Colleyville at large. Please accept this email as our indication of our support. Sincerely, Tommy and Dia Curb 4508 Bill Simmons RD Colleyville, TX 76034 ORDINANCE O-23-xxxx AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.87 ACRES, BEING LOT 1, BLOCK A, OF THE SHANKLIN FARM ADDITION, LOCATED AT 4820 BILL SIMMONS ROAD BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW A FENCE TO ENCROACH BEYOND THE STREET SIDE YARD SETBACK; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit to allow a fence to encroach beyond the street side yard setback under Case No. ZC23-016; 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 to allow a fence to encroach beyond the street side yard setback on 0.87 acres, being Lot 1, Block A, of the Shanklin Farm Addition, located at 4820 Bill Simmons Rd, as depicted on the attached as Exhibit “A”. Ordinance O-23-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 6 feet in height to extend into the street side yard setback located on the north side of the property. 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-23-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of September 2023. The second reading and public hearing being conducted on the 19th day of September 2023. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 19TH DAY OF SEPTEMBER 2023. Mayor Bobby Lindamood Mayor Pro Tem Callie Rigney Place 1, Brandi Elder Place 4, Ben Graves Place 2, George Bond Place 5, Chuck Kelley Place 3, Scotty Richardson 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