Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-2/11/2014 City of Colleyville City Hall Zoning Board of 100 Main Street Colleyville, Texas 76034 Adjustment 817. 503.1000 www.colleyville.com Minutes Tuesday, January 14, 2014 City Council Chambers Call to Order The Sign Board of Appeals meeting of the City of Colleyville was called to order by Board member McNosky on January 14, 2014 at 7:00 p.m. Roll Call Present: Board members Mike Patino (Alternate 2), Jason Elms, Mark Collier, Mike Leathers, Judson Orlando, and Dee McNosky Absent: Board member Larry Kainer (Alternate 1) Staff Present: Ron Ruthven, Mary Elliott, and Taci Wrisley 1. APPROVAL OF MINUTES Board member Elms moved to approve the October 8, 2013 meeting minutes as written. Board member Collier seconded. The motion carried by the following vote: Aye: 6 Patino, Elms, Leathers, Collier, Orlando, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to the fence requirements in Section 3.26 the Land Development Code on Tract 5B02, Abstract 294, of the Robert C. Chowning Survey, located at 5810 Pool Road, Case VC13- 013 Mary Elliott presented the case and briefed the Board. The public hearing was opened at 7:08 p.m. William Stearman, applicant, came forward and briefed the Board. Larry Fox, 2604 Highland Park Court, came forward and spoke in support of the case. City of Colleyville Page 1 Zoning Board of Adjustment Minutes January 14, 2014 Chris Wietzer, 2605 Highland Meadow Drive, came forward and spoke in support of the case. Board member Leathers questioned Mr. Stearman regarding whether the property was a residence and when was the property purchased. Mr. Stearman replied yes, this property is a residence and it wa purchased in July of last year. Board member Collier questioned Mr. Stearman regarding the specifics of the variance. Mr. Stearman replied they are requesa variance to not have a 40 foot fence setback and for the fence materials. Board member Leathers questioned Mr. Stearman regarding if the variance was granted would the gate be setback 40 feet? Mr. Stearman replied yes. Board member Patino questioned Mr. Wietzer regarding how long his fence on the adjoined property had been there. Mr. Wietzer repl since the early nineties. Board member McNoskey questioned Mr. Stearman regarding whether his fence would be in-line with the other fences on the adjacent properties. Mr. Stearman replied yes. Board member Leathers questioned Mr. Stearman regarding if any consideration had been given to building a fence that would meet code. Mr. Stearman replied their main desire to building the proposed fence is to diminish noise. Board member Orlando questioned Mr. Stearman regarding his decision to use the material that was being proposed. Mr. Stea replied the material is more durable and will withstand time and the elements. Mr. Wietzer came forward and expressed his thoughts on the materials that were proposed for the fence. Board member Elms questioned Mr. Stearman regarding whether any thought had been given to using other concepts for noise abateme such as live screening. Mr. Stearman replied they would like a maintenance free screening. Board member Collier questioned staff regarding whether the properties in the exhibits all had been granted variances. Ron City of Colleyville Page 2 Zoning Board of Adjustment Minutes January 14, 2014 Ruthven explained the differences in the fences that were used a exhibits. Board member McNoskey questioned staff regarding whether there was a precedent set for fences along Pool Road and Glade Road with regards to solid construction and height. Ron Ruthven replied with code changes, in recent years, had led to fewer cases for fence variances. He further explained homeowners were choosing to plant living screenings for more privacy or to set their homes further from the roadway. Board member Collier questioned staff regarding the gate on the adjacent subdivision and whether it met code. Ron Ruthven replied yes, because the rest of the fence is made of wrought iron, the and gate was not more than 25 percent solid construction. There being no one else wishing to speak, the public hearing was closed at 7:27 p.m. Discussion occurred between staff and the Board regarding the fence materials of adjacent properties. The public hearing was reopened at 7:29 p.m. Larry Fox, 2604 Highland Park Court, came forward and described layout of his subdivision, directly to the South of the subject property. There being no one else wishing to speak, the public hearing was closed at 7:30 p.m. Board member McNoskey stated she understood the request and the need for noise abatement along roads such as Pool Road. Board member Elms stated while there was not a hardship with this request, he believed that a variance could be granted due to kee the aesthetics along Pool Road. Board member Orlando questioned staff regarding whether the Boar could make conditions if the variance was granted. Ron Ruthven replied yes. Board member McNoskey questioned Mr. Stearman regarding if he would accept conditions if granted the waiver with regards to co called his builder, Todd Sternfeld, to come forward and show an City of Colleyville Page 3 Zoning Board of Adjustment Minutes January 14, 2014 example of the fence they were proposing. Board member Leathers questions Mr. Sternfeld regarding whether was possible to create larger columns with the type of fence the were proposing. Mr. Sternfeld replied yes. Discussion continued between the Board and Mr. Sternfeld regarding the possibility of adding columns to the fence and adding landscaping. Board member Orlando made a motion to continue Case VC13- 013 to the February 11, 2014 meeting in order give the applicant time to submit detailed color renderings of the proposed fence. Board member Leathers seconded. The motion to continue Case VC13-013 to the February 11, 2014 meeting in order give the applicant time to submit detailed color renderings of the proposed fence carried by the following vote: Aye: 5 Leathers, Elms, Collier, Orlando, and McNoskey 3. ADJOURNMENT The meeting adjourned at 8:00 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on February 11, 2014 by a vote of ________. City of Colleyville Page 4 POOL RD KSHIRE DRR POOL RD KSHIRE DRR POOL RD KSHIRE DRR Notification List OwnerOwnerOwner OwnerNameOwnerAddressSitusAddres CityStateZip 2507HighlandMeadow2507HighlandMeadow ColleyvilleTexas76034 Luevano,JavierADrDr 2509HighlandMeadow2509HighlandMeadow ColleyvilleTexas76034 Henry,EEuelEtuxDeniseJDrDr 2605HighlandMeadow2605HighlandMeadow ColleyvilleTexas76034 Weitzer,ChristopherPDrDr 2603HighlandMeadow2603HighlandMeadow ColleyvilleTexas76034 Madison,AngieDrDr 2505HighlandMeadow2505HighlandMeadow ColleyvilleTexas76034 Spriggs,JamesAEtuxCarolynDrDr 2601HighlandMeadow2601HighlandMeadow ColleyvilleTexas76034 Huffman,RobertFJrDrDr ColleyvilleTexas76034 Chukwu,AnthonyN6107HillbrookDr6107HillbrookDr GrapevineTexas76051 MacileyRealEstateTrust2220PoolRdSte1015810PoolRd ColleyvilleTexas76034 Ziolkowski,RonaldJEtuxMary6105HillbrookDr6105HillbrookDr FriscoTexas75034 Schook,JohnCPOBox28146103HillbrookDr ColleyvilleTexas76034 Dumas,AdamREtuxSheryl6007HillbrookDr6007HillbrookDr SouthlakeTexas76092 Foster,MichaelJrEtuxRexann1160AdamsLn2501HighlandParkCt SouthlakeTexas76034 HighlandParkDevCompanyLtd2601HighlandParkCt2609HighlandParkCt SouthlakeTexas76034 Hill,DennisJEtuxLoriA6101HillbrookDr6101HillbrookDr SouthlakeTexas76034 HighlandParkHoaIncPOBox14972608HighlandParkCt SouthlakeTexas76034 HighlandParkDevCompanyLtd2601HighlandParkCt2604HighlandParkCt GrapevineTexas76051 Franklin,DBrent&Jennifer3217WildOakTrl2600HighlandParkCt ColleyvilleTexas76034 Weese,DennisJEtuxRachelE2508HighlandParkCt2508HighlandParkCt ColleyvilleTexas76034 Hickerson,JohnTEtuxKathyJ2504HighlandParkCt2504HighlandParkCt ColleyvilleTexas76034 HighlandParkDevCompanyLtd2601HighlandParkCt2500HighlandParkCt ColleyvilleTexas76034 Mohan,PonnaiahEtuxSarala2605HighlandParkCt2605HighlandParkCt ColleyvilleTexas76034 Stewart,LarryREtuxConnieA2601HighlandParkCt2601HighlandParkCt ColleyvilleTexas76034 Buskey,Michael&Patti2509HighlandParkCt2509HighlandParkCt ColleyvilleTexas76034 Kramer,JeffryIEtuxJanice2505HighlandParkCt2505HighlandParkCt ColleyvilleTexas76034 HighlandMeadowsPOBox662CourtesyNotice 3051IraE.Woods GrapevineTexas76051 GrapevineColleyvilleISDAvenueCourtesyNotice ColleyvilleTexas76051 BillStearman,Applicant5810PoolRoadApplicant Publichearingnoticesweremailed Friday,December27,2013byTaciWrisley ORDINANCE O-99-1183 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 5.666 ACRES OUT OF THE R. CHOWNING SURVEY, A-294, FROM THE R20 (SINGLE FAMILY RESIDENTIAL) TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by Beth Joseph on July 27, under Case No. Z-99-054; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; 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; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the R20 district to the PUD-R district, together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions Ordinance O-99-1183 Page 2 of 3 imposed and approved by the Council which are incorporated herein by reference; and subject to the following conditions: A. LAND USE 1. The following land uses shall be permitted within this Planned Unit Development: a. All Agricultural uses, with the exception of swine farming b. Single family residence c. Commercial equestrian boarding stable, riding school, equine ranching, and children’s birthday parties d. Commercial activity on the property shall be limited to the hours of 10:00 a.m to 5:00 p.m. Monday through Saturday and noon to 5:00 p.m. on Sundays e. That one weekday per week, one pony class shall be allowed until 7:00 p.m. B. LOT REQUIREMENTS AND SETBACKS 1. The minimum lot size shall be three (3) acres. 2. All building setbacks shall be in accordance with the AG Agriculture district. C. GENERAL REQUIREMENTS 1. Commercial advertising signs shall be prohibited on this property, except one directional/information sign not to exceed six (6) square feet in area. 2. A screening fence will be constructed within 90 days of approval on the south property line beginning approximately 275 feet from the Pool Road property line (the entrance gate to the residential yard) and will extend 295 feet (to the western edge of the barn) and the fence will be continuously maintained in good repair so long as commercial activity is conducted on the property. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance O-99-1183 Page 3 of 3 Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ______ day of _________, 1999. The second reading and public hearing being conducted on the ______ day of _________, 1999. ATTEST: CITY OF COLLEYVILLE: Jean Harris, CMC Donna Arp City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Statement of Planning Objectives Statement of Planning Objectives Sound Transmission Loss Test Sound Transmission Loss Test Sound Transmission Loss Test