HomeMy WebLinkAboutOrdinances (ORDINANCE O-15-1964)-09/15/2015 ORDINANCE 0-15-1964
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, 'TEXAS, BY
CHANGING THE ZONING ON 2.60 ACRES IN THE G.W. MINTER
SURVEY, ABSTRACT 1034, LOCATED AT 5017, 5113, AND 5201
ROBERTS ROAD FROM THE AG-AGRICULTURAL ZONING DISTRICT TO
THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING
DISTRICT; 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 rezoning
under Case No. ZC15-011; 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 enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be enforced
therein, and to recommend a new zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration ,of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the
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 Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and state law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
Ordinance 0-15-1964
Page 2 of 6
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on 2.60 acres in the G.W. Minter Survey,
Abstract 1034, located at 5017, 5113, and 5201 Roberts Road
from the AG-Agricultural zoning district to the PUD-R-Planned
Unit Development Residential zoning district, as depicted in the
attached Exhibit "A" and as legally described in Exhibit"B".
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. General
a. The purpose of this PUD-R is for a single family residential
development of 12 detached dwelling units, constructed at a
maximum net density of 6.3 dwelling units per acre (12
divided by 1.92 acres).
b. The subject property is subject to all the regulations
contained in the Land Development Code, except as noted
herein.
2. Development Plan
a. The development shall be generally consistent with Exhibits
"C" and "D" relating to the layout and common open space,
which shall not be considered the associated plat. The actual
Ordinance 0-15-1964
Page 3 of 6
street and lot arrangement may differ from that shown on
Exhibit "C" to accommodate topographic, drainage, or other
conditions. All final details are subject to the other provisions
of this ordinance and all other City codes and regulations.
b. The development shall provide a slip road, similar to the one
in attached Exhibit "E." The photos represent the character
and look the slip street shall have.
c. Homes constructed shall generally comply with the building
materials, architectural style, and scale of the architecture as
shown in the renderings contained in Exhibit "F."
d. Homes constructed shall utilize 100 percent masonry
materials on all facades, excluding windows, doors and trim.
e. Homes shall feature wooden or faux-wood garage doors.
f. A six-foot masonry wall shall be provided along the northern
and southern property lines, extending from the eastern
property line and existing masonry wall of Heritage Oaks to
the front building line of proposed Lots 1 and 12.
3. Permitted Uses
a. Single Family Detached Dwellings
b. Common Open Space Areas
4. Residential Lot Requirements and Setbacks
Residential lot requirements and setbacks shall comply with the
following provisions:
a. Minimum Lot Size: 4,882 square feet
b. Minimum Lot Depth: 97 feet
c. Minimum Lot Width: 50 feet
d. Front Building Line: 10 feet
Ordinance 0-15-1964
Page 4 of 6
e. Side Building Line: 5 feet
f. Rear Building Line: 10 feet
g. Maximum Lot Coverage: 66 percent
h. Maximum Building Height: 30 feet
5. Open Space and Landscaping
a. This development shall provide a minimum of 17.3 percent
common open space, as shown on Exhibits "C" and "D" which
shall be for the aesthetic, leisure, and recreational enjoyment
of the development's residents. The open space shall comply
with the provisions contained in the Land Development Code
except as noted herein. All open space areas shall be
landscaped and maintained by the Homeowner's Association
(HOA).
b. A minimum of eight, three-inch caliper trees shall be planted
on proposed Lot 13 by the developer, prior to the final
acceptance of the subdivision.
c. A minimum of one, three-inch caliper tree shall be planted in
each residential lot front yard.
d. The two existing trees as noted on Exhibit "D" shall be
preserved. Should the two trees be removed, the caliper
inches shall be replaced with trees meeting the standards of
the Land Development Code at the rate of three times the
removed tree's caliper inches.
e. The median between Roberts Road and the slip road shall
contain one tree for every 30 linear feet, to be provided by
the developer prior to final acceptance of the subdivision.
Sec. 5. 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.
Ordinance 0-15-1964
Page 5 of 6
Sec. 6. 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. 7. 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. 8. 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. 9. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in" order to permit
its proper development and in order to protect the public
interest, comfort, and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1st day of
September 2015.
The second reading and public hearing being conducted on the 15th day of
September 2015.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the 15'- day of -n..iae� 2015.
ATTEST: CITY OF COLLEYVILLE
At 0/ lr(\,
Ani elley, -. MC David Kelly
City Secretary Mayor
Ordinance 0-15-1964
Page 6 of 6
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle Bei, L. St of
City Attorney A SS 'f C)1? A f
v 1eZLourr , LSV
Exhibit A –Location and Zoning Map
Exhibit B – Legal Description
Being a tract in the G.W. Minter Survey, Abstract 1034, City of Colleyville,
Tarrant County,
Texas conveyed to Kenneth W Sauer, etux, recorded in Document No.
211194191, James
Lecocq recorded in Document No. 203104559, and Ted Scribner, etux recorded
in Vol.
5564 Page 899 of the Deed Records of Tarrant County, Texas, and being more
particularly
described as follows with bearings related to the west line of Heritage Oaks
recorded in
Cabinet “A” Slide 11704 of the plat records of Tarrant County;
Beginning at the northwest corner of said Heritage Oaks;
THENCE S00/48'20"E, a distance of 304.48 feet along said west line to a point
for a
corner;
THENCE S00/33'05"E, a distance of 456.18 feet continuing along said west line
to a point
for a corner in the north line of Lot 1 Block 1 Pleasant Glade Baptist Church
Addition
recorded in Cabinet “A” Slide 7691 of said Plat Records;
THENCE S88/30'45"W, a distance of 144.98 feet to a point for a corner in
Roberts Road;
THENCE N01/52'36"W, a distance of 289.95 feet to a point for a corner;
THENCE N00/39'22"W, a distance of 286.54 feet to a point for a corner;
THENCE N88/51'25"E, a distance of 6.77 feet to a point for a corner;
THENCE N00/48'20"W, a distance of 185.47 feet to a point for a corner in the
south line
of a tract conveyed to Thomas Arnold recorded in Document 203464501 of said
deed
records;
THENCE N89/01'26"E, a distance of 144.90 feet along said Arnold south line to
the POINT OF BEGINNING and containing 2.60 acres, more or less.
Exhibit C – Site Layout
Exhibit D – Conceptual Landscape
Exhibit E – Slip Road
Exhibit F – Architectural Renderings