Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a fence on Lot 15A1, Block 2, Fair Way Addition, zoned R-20 Single-Family Residential, located at 1211 Murphy Road, Case ZC26-015
Official Roll-Call Vote
Staff Report & Agenda Item Details
<strong><em>First Reading and Public Hearing</em></strong><br><br>A super-majority vote is required to approve this request. The Planning and Zoning Commission recommended denial at their August 10, 2026 meeting by a vote of 6-1. The applicant has appealed the case to the City Council for review. 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.<br><br>Daniel Voltz, the applicant, has submitted a request for a Special Use Permit (SUP) for a fence on Lot 15A1, Block 2, Fair Way Addition, being approximately 0.42 acres, and zoned R-20 Single-Family Residential.<br data-pasted="true"><br><strong>Analysis: </strong>The applicant is requesting a SUP to allow an opaque wood fence along the west side of the property within the required street side yard. Wood fences cannot be placed within the required street side yard without the approval of a SUP, per Land Development Code Section 3.26(E)(2).<br><br>Land Development Code section 3.26(E)(7) authorizes that fences may be approved by SUP when a request does not conform to the standards otherwise permitted by right.<br><br><strong>Existing Conditions/Background: </strong>The subject property, 1211 Murphy Road, is developed with a single-family home and is located on the southeast corner of Precinct Line Road and Murphy Drive.<br> <br><strong>Plat Status: </strong>The subject property is platted.<br><br><strong>DRC Review: </strong>The Development Review Committee reviewed the request during their June 22, 2026, meeting and the case was scheduled for the August 10, 2026, Planning and Zoning Commission meeting.<br> <strong> </strong><br><strong>Surrounding Development:</strong> The property to the north is zoned AG Agricultural and is improved with a single-family home. The properties to the east are zoned R-20 Single-Family Residential and are improved with single-family homes. The properties to the south are zoned PUD-C Planned Unit Development – Commercial and are improved with commercial uses. The border between Colleyville and North Richland Hills lies to the west of the property.<br> <br><strong>Comprehensive Plan: </strong>The City’s comprehensive plan, <em>Destination Colleyville</em>, identifies the subject property for commercial development. <br> <strong> </strong><br><strong>Public Notification:</strong> 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. Keller ISD, where the subject property is located, was notified per State law. Notice was published in the <em>Fort Worth Star-Telegram </em>as required by State law and the Land Development Code.<br><br><strong>Planning and Zoning Commission Recommendation:</strong> The Planning and Zoning Commission recommended denial of the request at their August 10, 2026 meeting by a vote of 6-1.
Bastiat Liberty & Property Rights Analysis
This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 6.9/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).