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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/23/2023 City of Colleyville Page 1 CITY OF COLLEYVILLE PLANNING AND ZONING COMMISSION SPECIAL MEETING AGENDA 100 Main Street Colleyville, Texas 76034 MONDAY, OCTOBER 23, 2023 IMMEDIATLEY FOLLOWING WORKSESSION CITY COUNCIL CHAMBERS THIRD FLOOR 1. PUBLIC HEARING AGENDA ITEMS 1a Consideration of a Special Use Permit to allow for a fence for Lot 1, Block B, Legacy North, located at 812 Sawyer Drive, Case ZC23-024 2. CITIZEN COMMENTS 3. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, October 19, 2023 by 5:00 p.m. Jaquelyn 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 10/23/2023 Number Type Ordinance Department Community Development Title Consideration of a Special Use Permit to allow for a fence for Lot 1, Block B, Legacy North, located at 812 Sawyer Drive, Case ZC23-024 Explanation UPDATE: At the October 17, 2023 City Council meeting, the Council remanded the request back the Planning and Zoning Commission for review of a modified request. The applicant is officially removing the cabana structure from the plan of 812 Sawyer Drive and pursuing approval for the fence only. The Planning and Zoning Commission recommended denial at their September 11, 2023 meeting by a vote of 4-1. When the Planning and Zoning Commission makes a recommendation of denial, a favorable vote of three-fourths (3/4) of all members of the City Council is required for approval of the request. Jody Alumbaugh, the applicant, has submitted a request for a Special Use Permit (SUP) to allow a fence and patio cover to extend into the street side yard setback on Lot 4, Block C, Legacy North Addition, being approximately 0.46 acres, and zoned PUD-R Planned Unit Development Residential district. Existing Conditions/Background: The subject property, 812 Sawyer Drive has PUD- R zoning and is located on the north side of Sawyer Drive west of Marie Street. The subject property has a new single-family residence. SUP Request: The applicant is requesting approval of a Special Use Permit for a fence and patio cover to extend into the street side yard setback. The proposed fence is requested to be placed approximately 10-feet from the property line. The patio cover is proposed to be located just inside the proposed fence. 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 City of Colleyville Page 2 Planning and Zoning Commission Agenda Briefing 1a side yard. The regulations of 1.a through 1.d above shall apply." Ordinance - Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and location of accessory buildings to be permitted by staff on a residential lot: "A. Accessory Buildings Located in Residential Zoning Districts 3. Setbacks: d. 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." Regulation “2” above applies in this case requiring that no fence be allowed to extend into the street side yard setback. Regulation "3.d" above applies in this case requiring that no accessory building be allowed to extend into the street side yard setback. The applicant proposes a patio cover to be located just within the proposed fence area. Special Use Permit Provision: Any request for a building permit for a fence/wall and accessory building which does not meet the criteria in those Sections 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 fence and patio cover structure to extend into the side yard setback. The lot size is 20,000 square feet in size. Plat Status: The property is platted as Lot 1, Block B, Legacy North Addition. DRC Review: The DRC met on August 21, 2023. Drainage: NA Surrounding Development: The properties to the north, south, east, and west are zoned PUD-R and contain 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 City of Colleyville Page 3 Planning and Zoning Commission Agenda Briefing 1a meet the technical requirements of the Land Development Code. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended denial of the request at their September 11, 2023 meeting by a vote of 4-1. Recommendation Denial Attachments 1.Request to Appeal 2.Aerial Map 3.Zoning Map 4.Future Land Use 5.Zoning Exhibit 6.Floor Plan 7.Renderings 8.Notification 9.Notification List 10.Notification Letter 11.Letters Received 12.Ordinance O-23-2266 From:Mike Farley To:Jackie Reyff Cc:Ben Bryner; Scott Hammons; Kristopher Potts Subject:RE: 812 Sawyer Stovall Residence Date:Tuesday, September 12, 2023 10:08:40 AM Good Morning Thank you for the information. We would like to appeal this case to the City Council. Thanks Mike Farley From: Jackie Reyff <JReyff@colleyville.com> Sent: Tuesday, September 12, 2023 9:26 AM To: Mike Farley Cc: Ben Bryner <BBryner@colleyville.com>; Scott Hammons <SHammons@colleyville.com>; Kristopher Potts <KPotts@colleyville.com> Subject: RE: 812 Sawyer Stovall Residence Morning Mr. Farley, I’ve attached the list for the property owners within 500 feet. If your client wanted to he could appeal the case to City Council. We would need to be notified, an email would suffice, within 10 days. Supermajority or 6 out of 7 votes by the City Council would be necessary to approve the request. If you have any further questions, I may be reached by phone or email. Jackie Jacquelyn Reyff, AICP Planning Manager 817.503.1056 Integrity ~ Communication ~ Excellence ~ Transparency ATTENTION ALL PUBLIC OFFICIALS: A “Reply to All” of this e-mail could lead to violations of the Texas Open Meeting Act. Please reply only to the sender. From: Mike Farley Sent: Tuesday, September 12, 2023 8:08 AM To: Jackie Reyff <JReyff@colleyville.com> Subject: 812 Sawyer Stovall Residence Good Morning Trying to figure out the best way to proceed for my client after last night meeting about their dream final home. Is it possible for me to get the list of addresses that the letter was sent out to? Any recommendations? Thanks Mike Farley REMINGTONP K W Y MCDONWELL SCHOOL RD W REMI NGTONPKWYS T E R L I N G D R LEGACY T R BELMONTDRLYNDSEY WAYCAMBRIA WAYMONTREUX AVE MUSTANGTRHUNTER TR LAVACA TR ARCADY L N R E M I N G T O N C T LEGACYESTATEDRTALBOT TRCHANTAL LNEMMASCT HORSESHOEBNDRIDGEWOOD LNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LOCKLE Y W A YBORDEAUX PKLORRAINE PKCIMMARON TRSubject 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. ZC23-024 812 Sawyer Dr Aerial Map REMINGTONP K W Y MCDONWELL SCHOOL RD W REMI NGTONPKWYS T E R L I N G D R LEGACY T R BELMONTDRLYNDSEY WAYCAMBRIA WAYMONTREUX AVE MUSTANGTRHUNTER TR LAVACA TR ARCADY L N R E M I N G T O N C T LEGACYESTATEDRTALBOT TRHERBERT RDCHANTAL LNEMMASCT HORSESHOEBNDRIDGEWOOD LNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LOCKLE Y W A YBORDEAUX PKLORRAINE PKCIMMARON TRAG PUD-R R-40 R-20 R-20 R-20 R-20 CC-2 R-20 PUD-R PUD-R PUD-R PUD-R PUD-C R-20 R-20PUD-C R-20 PUD-C AG PUD-C PUD-R 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. ZC23-024 812 Sawyer Dr Zoning Map REMINGTONP K W Y MCDONWELL SCHOOL RD W REMI NGTONPKWYS T E R L I N G D R LEGACY T R BELMONTDRLYNDSEY WAYCAMBRIA WAYMONTREUX AVE MUSTANGTRHUNTER TR LAVACA TR ARCADY L N R E M I N G T O N C T LEGACYESTATEDRTALBOT TRCHANTAL LNEMMASCT HORSESHOEBNDRIDGEWOOD LNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LOCKLE Y W A YBORDEAUX PKLORRAINE PKCIMMARON TRResidential Commercial Institutional Open Space; Parks 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. ZC23-024 812 Sawyer Dr Future Land Use Map 3.5' 4' 5'35'-0"16'-0" 99'-0" 98'-0" 99'-0" 98'-6" 98'-6"EEEEEEEEEEEEEEEEEEGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAST CUSTOMER: ________________________ SALESPERSON: ______________________ DATE: _____________________________ CUSTOMER: ________________________ SCALE: 18" = 1'-0" SALES DESIGN NPOOL SPECIFICATIONS: PERIMETER: 116' HEATER: Y AREA: 644 sq.ft. P-TRAP: N GALLONS: 16,975 DIG LINE: 116'-0" SPA SPECIFICATIONS: PERIMETER: 32'AREA: 64 sq.ft.GALLONS: 1,039 1625 BRUMLOW AVE.SOUTHLAKE, TEXAS76092SALES PLAN DATE:SALES CONTACTA PASSIONATE COMMITMENTTO EXCELLENCE SINCE 1987DESIGNVERSION:(817) 488-5795 PHONE(817) 421-2670 FAXP.O. BOX 92278DRAFTED BY:THE STOVALL RESIDENCE812 SAWYER DRIVECOLLEYVILLE / TEXAS00-00-0000MIKE FARLEYA1MAEGAN KINGSD1STEP & BENCH DATA: POOL STEPS: 10' SUN BENCH: 12' BENCHES: 32' STEP OUTS: 3' BEACH ENTRY: 0' STOOLS:0 18" RAISED BEAM 18" DROP BEAM W/ BATTERED SLATE SPILLWAY INTO WATER T.O.C. @ 101'-6" SUNBENCH WITH LED BUBBLER (2) LEDGE LOUNGERS & UMBRELLA ANCHOR 100'-0" CAP EXISTING COVERED PATIO A C C E S STrack HoeDump Truck100'-0" 99'-6" 99'-8"99'-6"99'-6"99'-6"99'-10" 100'-0" 100'-0" 100'-0" 100'-0"99'-0" 6" TURNDOWN 13'-0" X 20'-0" SHED ROOF CABANA POOL & SPA EQUIPMENT 3'-0"X10'-0" FIREPIT (OUTSIDE) WITH 72" AUTOMATED LINE BURNER & GLASS MEDIA 18" TURNDOWN 18" TURNDOWN 12" TURNDOWN 6" TURNDOWN 12" TURNDOWN POOL & SPA COMPUTER SYNTHETIC TURF PUTTING GREEN SAWYER DR. 504 512 6600 6516 609 6405 503 6209 610 408 1020 6516 6404 6513 6201 605 1000 609 6004 6229 6413 900 6221 8070 6001 713 6100 6417 6301 6301 6400 502 504 6104 6509 6513 6509 6417 905 508 6602 6605 6225 6213 6200 6213 511 6204 604 6118 511 6512 6413 6108 64166416 6209 6409 506 6508 6601 6605 6517 901 6504 601 6520 6408 6508 612 6417 507 411 1000 6420 6409 6106 6208 505 6603 613 609 516 6204 813 6000 600 603 6304 6512 611 6413 6300 6100 6205 6504 6217 6521 602 6600 6780 6412 6208 501 6005 801 613 904 6205 6004 614 6110 615 729 6233 608 404 505 601 600 503 6500 407 6525 6400 500 809 6405 6500 6114 6228 6524 8050 6212 6521 616 8060 619 601 509 6000 701709 6516 400 403 501 6604 6409 500 6001 6505 6213 6101 6204 6112 6205 6212 5917 6100 6104 5913 6216 6201 6108 6208 6113 6200 6109 6105 6209 1101 8098 8100 1101 8078 1013 501 505 6000 713809 705 6112 6105 901 6201 812 800 6117 6208 705 900 709 6200 713 501 509 6111 504 6008 720 704 6116 709 6104 905 6105 704 801 801 6107 6004 905 6113 6204 808 6104 708724 500 6008 712 727 6108 613 6009 716 800 809 6109 913 700 901 6109 6108 6112 508 805 6100 701 6116 6212 804 708 8086 8074 709 807 707 808 704812 811 803 804 712 711 703 708 819 830 826 822 818 814 810 806 802 718 714 710 706 702 1010 REMINGTONP K W Y MCDONWELL SCHOOL RD W REMI NGTONPKWYS T E R L I N G D R LEGACY T R BELMONTDRLYNDSEY WAYCAMBRIA WAYMONTREUX AVE MUSTANG TRHUNTER TR LAVACA TR ARCADY L N R E M I N G T O N C T LEGACYESTATEDRTALBOT TRHERBERT RDCHANTAL LNEMMASCT HORSESHOEBNDRIDGEWOOD LNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LOCKLE Y W A YBORDEAUX PKLORRAINE PKCIMMARONTRParcels 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. ZC23-024 812 Sawyer Dr Notification Map 1 Notify_List Owner Name Owner Address Owner City Owner Zip VILLAS OF COLLEYVILLE HOA LLC 1108 W PIONEER PKWY ARLINGTON, TX 76013 OFF COURSE LLC 1330 N WHITE CHAPEL BLVD STE 20 SOUTHLAKE, TX 76092 LAVACA PARC HOMEOWNERS ASSC 1540 KELLER PKWY STE 108-151 KELLER, TX 76248 GARRETT, COY E 1600 W ABRAM ARLINGTON, TX 76013 L T ESTATES HOA INC 17319 SAN PEDRO STE 300 SAN ANTONIO, TX 78232 MORTON, JOHN 2409 REMUDA CT SOUTHLAKE, TX 76092 STALLINGS FAMILY LIMITED PARTNE 2600 E SOUTHLAKE BLVD SUITE 120 SOUTHLAKE, TX 76092 KELLER ISD 350 KELLER PKWY KELLER, TX 76248 ANAND, KAPIL 3804 HEATHER MEADOWS DR FORT WORTH, TX 76244 AKINMURELE OLADOTUN 430 E UNIVERSITY DR PORTALES, NM 88130 PATEL, RUPAL 44252 HUNTER PL FREMONT, CA 94539 GUERRA, ROBERT 503 TERRACE LN COLLEYVILLE, TX 76034 REMINGTON PARK ADDITION 5751 Kroger Drive KELLER ,TX 76244 KM PROPERTIES INCORPORATED 604 E NORTHWEST HWY #102 GRAPEVINE, TX 76051 LEGACY NORTH COLLEYVILLE LLC 604 E NORTHWEST HWY STE 102 GRAPEVINE, TX 76051 MOORE, DAVID 6116 LEGACY ESTATES DR COLLEYVILLE, TX 76034 CAPPS FAMILY TRUST 6116 LEGACY TRL COLLEYVILLE, TX 76034 KELLY, MATTHEW 6117 LEGACY TRL COLLEYVILLE, TX 76034 FORD, DOUGLAS 6200 LEGACY TRL COLLEYVILLE, TX 76034 CHANDLER, CHARLOTTE 6205 EMMAS CT COLLEYVILLE, TX 76034 TARVER, RUSSELL 6205 LANTANA CT COLLEYVILLE, TX 76034 HOPKINS FAMILY REVOCABLE TRUST 6208 LANTANA CT COLLEYVILLE, TX 76034 GEORGE, ANISH 6209 EMMAS CT COLLEYVILLE, TX 76034 NIXON, MARK 6209 LANTANA CT COLLEYVILLE, TX 76034 HUCKINS, BRUCE 6212 LANTANA CT COLLEYVILLE, TX 76034 PHINNEY, JASON 6213 EMMAS CT COLLEYVILLE, TX 76034 PRAKASH, ANA 6213 LANTANA CT COLLEYVILLE, TX 76034 LANE, THOMAS M 6300 LANTANA CT COLLEYVILLE, TX 76034 DYNIEWSKI, JOSH 6301 LATANA CT COLLEYVILLE, TX 76034 MATHEW, ARUN 6304 LANTANA CT COLLEYVILLE, TX 76034 HSU, LISA L W 6725 SHINNECOCK HILLS DR MCKINNEY, TX 75070 SCHEEF, CRAIG 701 ARCADY LN COLLEYVILLE, TX 76034 STOVALL, DANITA 7024 BENJAMIN WAY COLLEYVILLE, TX 76034 DERGANC, CHRISTOPHER 705 ARCADY LN COLLEYVILLE, TX 76034 TRAINOR, KAREN 712 SAWYER DR COLLEYVILLE, TX 76034 ROUILLIER, NORMAN 713 ARCADY LN COLLEYVILLE, TX 76034 EVANS, DAVID 717 ARCADY LN COLLEYVILLE, TX 76034 JOAN C HUEY REVOCABLE LIVING TR 718 MARIE DR COLLEYVILLE, TX 76034 KLEIN, DONALD W 721 ARCADY LN COLLEYVILLE, TX 76034 DURBIN, RICHARD G 725 ARCADY LN COLLEYVILLE, TX 76034 GARFF, WHITNEY F 806 MARIE DR COLLEYVILLE, TX 76034 GENZER, STEPHEN 808 SAWYER DR COLLEYVILLE, TX 76034 CHUNG, KRAMER 809 LEGACY TRL COLLEYVILLE, TX 76034 GATHWAL, KRISHNA 822 MARIE DR COLLEYVILLE, TX 76034 LAIRD, JOHN 8356 SADDLEBROOK DR NORTH RICHLAND HILLS, TX 76182 VILLAS OF COLLEYVILLE 9001 Airport Freeway Suite 450 NORTH RICHLAND HILLS ,TX 76180 SCHNIEGENBERG, GREGORY 901 LEGACY TRL COLLEYVILLE, TX 76034 LAINE, RURI 905 LEGACY TRL COLLEYVILLE, TX 76034 WINSTAR CONTRACTORS LP 9728 CAMP BOWIE BLVD FORT WORTH, TX 76116 ROSEWOOD VILLAS P.O. Box 463 COLLEYVILLE ,TX 76034 THE LEGACY PO Box #51555 DENTON ,TX 76206 JBH IRREVOCABLE ASSET TRUST PO BOX 171195 ARLINGTON, TX 76003 CHIP ROOP IRREVOCABLE LIVING TR PO BOX 2947 PIKEVILLE, KY 41502 ROSEWOOD VILLAS HOA INC PO BOX 463 COLLEYVILLE, TX 76034 GTP ACQUISITION PARTNERS II PO BOX 723597 ATLANTA, GA 31139 LEGACY AT COLLEYVILLE LLC THE PO BOX 92747 SOUTHLAKE, TX 76092 LEGACY AT COLLEYVILLE LLC THE PO BOX 92747 SOUTHLAKE, TX 76092 LAVACA TRAIL ESTATES COLLEYVILLE ,TX 76034 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, September 11th, 2023 at 7:00 p.m. City Council Meetings: Wednesday, October 4, 2023 & Tuesday, October 17, 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 and an accessory building on Lot 1, Block B, Legacy North Addition. The request is for a wrought-iron fence and patio cover to extend into the street side yard setback. Zoning Case: ZC23-024 Applicant: Jody Alumbaugh Owner: Stovall Danita Kay, Stovall Bryan Lee Location: 812 Sawyer Dr Property Description: Lot 1, Block B, Legacy North Addition Present Zoning: PUD-R, Planned Unit Development 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 STEVE & JOELL GENZER 808 Sawyer Drive Colleyville, TX 76034 | September 7, 2023 Dear Ben, We wanted to send this letter to support our future neighbors in the upcoming meeting regarding the fence permit variance for 812 Sawyer, Colleyville, TX 76034. We live next door to 812 Sawyer and have already met the new owners building the home. We support their request for the fence variance and believe their backyard plans will only increase the value of their home and the neighborhood. We understand they enjoy entertaining and look forward to being invited to their home as well as having them over to our place. We believe Legacy North is a unique neighborhood and look forward to a very family and neighbor friendly culture. Please feel free to contact me with any questions. Sincerely, Steve and Joell Genzer From:Ben Bryner To:Jackie Reyff; Kristopher Potts; Scott Hammons Subject:FW: 812 Sawyer Fence Variance Request Date:Friday, September 8, 2023 9:12:49 AM From: Danita Stovall < > Sent: Friday, September 8, 2023 9:11 AM To: Ben Bryner <BBryner@colleyville.com> Cc: Bryan Stovall < >; Travis Franks < >; Jody Alumbaugh < > Subject: 812 Sawyer Fence Variance Request Ben, We wanted to send this letter in preparation for the upcoming meeting regarding our fence permit variance request for 812 Sawyer in Colleyville. We are well into the construction of our new home in Legacy North in Colleyville. We relocated from Houston over 15 years ago and were fortunate to settle in the Colleyville community. We are very much looking forward to completing our home and spending much time entertaining and enjoying the outdoor area. Bryan and I have been married for 33 years, have no children and enjoy spending our time traveling, entertaining friends and lots of outdoor activities. We put a lot of time and effort working with our architect and builder to design a plan that is perfect for our lifestyle. A key component of that is the outdoor living and pool area. We respectfully request the consideration of our request for the fence variance. Since our plans were approved by the architectural control committee back in January before we broke ground and there is no mention of the fence limitation in the CCR’s, we truly had no idea our plans could present an issue. If we had been aware, quite honestly, we likely would have not started the project, as the back yard is such an important part of our vision. We also believe our plans will only increase the value of the property and neighborhood. We will also be submitting supporting documentation from fellow Legacy North neighbors. Sincerely, Danita Stovall From:Ben Bryner To:Jackie Reyff; Kristopher Potts; Scott Hammons Subject:FW: Legacy North Fence Variance Support Date:Thursday, September 7, 2023 4:25:01 PM Attachments:image003.png From: Eason Maykus Sent: Thursday, September 7, 2023 4:18 PM To: Ben Bryner <BBryner@colleyville.com> Subject: Legacy North Fence Variance Support Ben, I support 812 Sawyer, Colleyville’s fence variance request. This will allow maximization of the backyard. As the A.R.C. for the community this was approved and is supported by Legacy North’s architectural review committee. Please allow the new Colleyville resident this variance to enjoy their backyard and outdoor living spaces. Thank You, Eason Maykus ORDINANCE O-23-2266 AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.46 ACRES, ON LOT 1, BLOCK B, LEGACY NORTH ADDITION BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A FENCE TO EXTEND INTO 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 for a fence and patio cover to extend into the street side yard setback under Case No. ZC23-024; 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 for a fence and a patio cover to extend into the street side yard setback on 0.46 acres, on Lot 1, Block B, Legacy North Addition, as depicted on the attached as Exhibit “A”. Ordinance O-23-2266 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 allow for a fence to extend into the street side yard setback. 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. AND IT IS SO ORDERED. Ordinance O-23-2266 Page 3 of 3 The first reading and public hearing being conducted on the 4th day of October 2023. The second reading and public hearing being conducted on the 17th day of October 2023. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF OCTOBER 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye 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 MLPUDR CC2 Exhibit “B” – Site Plan Street side y a r d s e t b a c k ±10 feet