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