HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-1978)-04/19/2016 ORDINANCE 0-16-1978
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 13.3 ACRES, IN ABSTRACT 1176 OF THE J.J. NEWTON
SURVEY, AND BEING A PORTION OF LOT 1R-A, BLOCK 1, KAY'S
CIRCLE B BAR K RANCH ADDITION, LOCATED AT 5700 WINNIE
DRIVE, 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 rezoning
under Case ZC15-022; 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; and 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 to, among other things, 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
Ordinance 0-16-1978
Page 2 of 6
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
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 13.3 acres, in Abstract 1176 of the J.J.
Newton Survey, and being a portion of Lot 1R-A, Block 1, Kay's
Circle B Bar K Ranch Addition, located at 5700 Winnie Drive, from
the Agricultural Zoning District to the Planned Unit Development -
Residential District, as depicted in the attached Exhibit "A" and
Exhibit "B".
Sec. 3. 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. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. The subject property is subject to all the regulations
contained in all other City codes and regulations, except as
noted herein.
2. The development shall be generally consistent with Exhibit
"C," which shall not be considered the associated plat.
Slight modifications from Exhibit "C" to accommodate
topographic, drainage, or other conditions may be made as
long as they are generally consistent with Exhibit "C." All
Ordinance 0-16-1978
Page 3 of 6
final details are subject to the other provisions of this
ordinance and all other City codes and regulations.
3. Permitted land uses shall be single family residential
detached and common open space.
4. Residential lot requirements shall comply with the following
standards:
a. Minimum Lot Size: 20,000 square feet
b. Minimum Lot Depth: 125 feet
c. Minimum Lot Width: 100 feet
>>Minimum Lot Width on Proposed Lot 4, Block A shall
be 81 feet.
d. Front Setback: 30 feet
e. Side Setback: 10 feet
f. Rear Setback: 25 feet
g. Maximum Lot Coverage: 40 percent
5. With the submittal of a Building Permit application, a letter
from the Oakleigh Architectural Review Committee shall be
provided indicating their approval of the elevations. The
approval from the Committee shall require elevations to
have a hierarchy of plate dominance featuring custom front
doors and entrances; to balance architectural features and
interests with natural tones for paint and exterior finishes;
and to add interest to the entire streetscape. The approval
from the Committee shall also require roofing to be either
40-year Architectural Dimension shingles, slate, tile, or
standing seam metal. Any new Re-roof Permits shall be
required to provide the originally approved materials in
color and material unless a revised letter from the
Committee is submitted.
6. A minimum of a three car garage with wood like,
architecturally enhanced doors, or contemporary style doors
Ordinance 0-16-1978
Page 4 of 6
to compliment the architecture of the residence.
7. Homes shall be 100 percent brick, stone, or real stucco
masonry. No EIFS or artificial stucco material shall be
permitted.
8. No aluminum windows shall be permitted. Windows shall be
high quality and high energy efficiency, such as vinyl or
vinyl clad wood. All windows shall be insulated glass with a
"low-e" specification.
9. This development shall provide a minimum of 14.4 percent
(114,640 square feet) common open space, as shown on
Exhibit "C," which shall be for the aesthetic, leisure, and
recreational enjoyment of the residents. All open space
areas shall be owned and maintained by the Homeowner's
Association (HOA). Preservation of existing trees shall be
required per applicable tree preservation plans and
requirements of Chapter 5 of the Land Development Code.
10. A minimum of two, three-inch caliper trees from the
Approved Plant List in Chapter 4 of the Land Development
Code shall be planted on each residential lot prior to each
house's final inspection. If existing protected trees are
preserved in the front yard, they can be utilized to satisfy
this requirement. Front and back yards shall be fully
irrigated with approved Irrigation Permits on file with the
City Building Inspections Division, prior to final inspection.
11. A landscape buffer adjacent to the common property line of
5616 Bransford Road and the development, as reflected in
Exhibit "D," shall be generally consistent with Exhibit "D."
Any deviations from this agreement will require City Council
approval, in addition to any private agreements that would
need to be revised.
12. The development will have as its focal point and feature, a
central open space as the main amenity for the
neighborhood.
13. The development shall be a private, gated community. This
PUD-R does not constitute approval of the required plat and
documentation associated with Private Street Developments
Ordinance 0-16-1978
Page 5 of 6
in Chapter 10 (Private Streets and Entrance Gates). The
plat and required documentation must be provided and
approved by City Council in a separate application and
submittal.
14. The gate in the southwest corner of the subject property, as
reflected in Exhibit "C," shall be for emergency access only
and shall not be opened for residential traffic.
15. Home sites shall not be mass graded in order to preserve as
many existing trees as possible.
16. There shall be sidewalks along the front of each lot
connecting to the internal open space areas. Sidewalks
adjacent to open space lots shall be constructed prior to
final acceptance of the subdivision. Sidewalks adjacent to
residential lots shall be constructed concurrent to the
construction of the home and shall be installed prior to each
house's final inspection.
17. A monument sign, identifying the subdivision, shall be
provided at the project entry, prior to final acceptance of
the subdivision.
Sec. 5. 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. 6. 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. 7. 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. 8. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
Ordinance 0-16-1978
Page 6 of 6
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 5th day of April
2016.
The second reading and public hearing being conducted on the 19th day of
April 2016.
PASSED AND APPROVED by the Cit Council of the City of Colleyville, Texas,
on this the lc('* day of i 2016.
ATTEST: CITY OF COLLEYVILLE
=E t I (I
shelley, RMC David Kelly
_ - ''City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
(Y).
Matthew C. G. Boyle
City Attorney
Exhibit "A"- Zoning Map
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Exhibit "B"- Metes & Bounds Description
BEING a 13.299
acre tract of land in the J.J. Newton Survey, Abstract
Number 1176, situated in the City of Colleyville, Tarrant County, Texas, and
beinga portion of Lot 1R-A, Block 1, Kay's Circle B Bar K Ranch, an addition
to the City of Colleyville, Tarrant County, Texas, recorded in Cabinet A, Slide
11950, Plat Records, Tarrant County, Texas. The bearings for this
description are based on the bearings as they appear in Cabinet A, Slide
11950, Plat Records, Tarrant County, Texas. Said 13.299 acre tract being
described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod found at the southeast corner of said Lot
1R-A, Block 1, Kay's Circle B Bar K Ranch Addition;
THENCE North 89°06'48" West, along the south line of said Lot 1R-A, Kay's
Circle B Bar K Ranch Addition, a distance of 60.52 Feet to the PLACE OF
BEGINNING;
THENCE North 89°06'48" West, continuing along the south line of said Lot
1R-A, Kay's Circle B Bar K Ranch Addition, a distance of 442.56 Feet to a 1/2"
iron rod with plastic cap stamped "RPLS 4818";
THENCE North 89°34'20" West, continuing along the south line of said Lot
1R-A, a distance of 528.82 Feet to a 5/8" iron rod found at the southwest
corner of said Lot 1R-A;
THENCE North 00°19'54" West, along the west line of the said Lot 1R-A, a
distance of 642.23 Feet to a 5/8" iron rod found at the most westerly north
west corner of said Lot 1R-A;
THENCE South 86°55'50" East, along a northerly line of the said Lot 1R-A,
Block 1, Kay's Circle B Bar K Ranch Addition, a distance of 830.98 Feet to a
point on the westerly line of Lot 1, Block 1, Crouch Addition, an Addition to
the City of Colleyville recorded in Cabinet A, Slide 1096, Plat Records,
Tarrant County, Texas, and being on the east line of the said Lot 1R-A, Block
1, Kay's Circle B Bar K Ranch Addition;
THENCE South 01°09'36" West, along the common line of the said Lot 1,
Block 1, Crouch Addition, and Lot 1R-A, Block 1, Kay's Circle B Bar K Ranch
Addition, a distance of 144.83 Feet to a 5/8" iron rod found at the southwest
corner of the said Lot 1, Block 1, Crouch Addition, same being an inner ell
corner of the said Lot 1R-A, Block 1, Kay's Circle B Bar K Ranch Addition;
THENCE South 87°03'08" East, along the common line of the said Lot 1,
Block 1, Crouch Addition, and Lot 1R-A, Block 1, Kay's Circle B Bar K Ranch
Addition, a distance of 196.21 Feet to a point for corner;
THENCE South 00°01'20" West, a distance of 194.00 feet to a point for
corner;
THENCE South 87°18'10" West, a distance of 218.55 feet to a point for
corner;
THENCE South 00°56'10" West, a distance of 69.50 feet to a point for
corner;
THENCE South 89°31'00" East, a distance of 172.75 feet to a point for
corner;
THENCE South 00°19'10" West, a distance of 178.39 Feet to the POINT OF
BEGINNING, and containing a computed area of 13.299 Acres, more or less.
186'
186'
189'
200'
1
0
7
'
1
0
2
'
110'110'
1
0
8
'
1
0
8
'
1
0
8
'
191'
1
0
4
'
204'
1
0
9
'
1
1
1
'
1
0
2
'
6
7
'
154'
148'
15
2
'
17
6
'
30
3
'
22
0
'
21
2
'
7'
106'110'
15
1
'
345'
14
7
'
345'
99
'
20'
151'
13
7
'
7
'118'
2
9
'
19
8
'
98'
99'
28
9
'
154'
15
5
'
188'
3
4
'
137'
139'
13
9
'
1
0
8
'
172'
1
0
6
'
4
4
'
14
7
'
19
8
'
W
i
n
n
i
e
D
r
i
v
e
22'
19
6
'
209'
140'115'
13
4
'
126'139'203'
4
20,002 s.f.
3
20,018 s.f.
2
20,035 s.f.
5
20,146 s.f.6
20,293 s.f.
7
20,315 s.f.
1
20,856 s.f.2
30,378 s.f.
3
20,854 s.f.
4
21,890 s.f.
1
20,005 s.f.
7
20,263 s.f.
8
20,019 s.f.
9
20,366 s.f.
10
20,002 s.f.
6
21,032 s.f.
5
20,278 s.f.
4
23,328 s.f.
2
21,468 s.f.
3
20,061 s.f.
5
23,527 s.f.6
27,559 s.f.
1
25,246 s.f.
Common Area 3
45,374 s.f.
(HOA LOT)
Detention /
Common Area 4
38,656 s.f.
(HOA LOT)
(POND/DRAINAGE
EASEMENT)
23,827 s.f.
COMMON AREA 1
17,611 s.f.
(HOA LOT)
BLOCK C
BLOCK C
BLOCK B
BLOCK A
BLOCK B
COMMON AREA 2
12,999 s.f.
(HOA LOT)
LOT 2, BLOCK 1 KAY'S CIRCLE B BAR K RANCH
ADDITION
51,399 s.f.
50'
50'
50'
50'
GRAPHIC SCALE
FEET012060
1" = 60'
COLLEYVILLE ZONING
AG
R-10
R-20
R-40
PUD-R
AGRICULTURAL
SINGLE FAMILY RESIDENTIAL
SINGLE FAMILY RESIDENTIAL
SINGLE FAMILY RESIDENTIAL
PLANNED UNIT DEVELOPMENT-RESIDENTIAL
BOUNDARY OF PROPOSED ZONING CHANGE
CONCEPTUAL RESIDENTIAL LOT LINES
LEGEND
Owner:
XTO Energy Inc.
810 Houston Street
Fort Worth , TX 76102
Contact: Edwin Ryan , Jr.
(817) 885-2336
Developer/Applicant:
WPC Acquisitions, Inc.
4131 N. Central Expressway, Suite 990
Dallas, TX 75204
Contact: Jennifer Rabon, VP of Development
(972) 479-0697
Land Planner:
SAGE Group, Inc.
1130 N. Carroll Ave., Ste. 200
Southlake, TX 76092
(817) 424-2626
Surveyor:
Whitfield - Hall Surveyors
3559 Williams Road, Suite 107
Fort Worth, TX 76116
Contact: Johnny Williams
(817) 560-2916**ZONING EXHIBIT FOR ZONING CHANGE REQUEST FROM
AG (AGRICULTURAL ) TO PUD-R (PLANNED UNIT
DEVELOPMENT RESIDENTIAL )
PROJECT CHARACTERISTICS
GROSS AREA OF TRACT:
STREET/SIDEWALK AREA:
PERCENTAGE OF PROPERTY AREA:
OPEN SPACE AREA:
OPEN SPACE PERCENTAGE:
NUMBER OF LOTS:
SINGLE FAMILY DENSITY (TOTAL SITE)*:
EXISTING ZONING:
EXISTING USE:
PROPOSED ZONING:
PROPOSED USE:
PROJECT SITE DATA TABLE OVERALL
18.231 A.C.
130,167 S.F.
16.4%
114,640 S.F.
14.4%
24 RESIDENTIAL AND 1 COMMON AREA
1.32 UNITS/A.C.
AG /R-20
AGRICULTURAL/RESIDENTIAL
PUD-R
S.F. RESIDENTIAL
LOT CHARACTERISTICS
AVERAGE LOT AREA:
MINIMUM LOT DIMENSIONS:
FRONT YARD SET BACK:
SIDE YARD SET BACK:
REAR YARD SETBACK:
22,889 S.F.
100' x 125'
30'
10'
25'
* Density Measured from Right-of-Way Line of Bransford Road (18.231 A.C.)
C Copyright 2016, Adams Engineering
8951 Cypress Waters Blvd., Ste. 150 Ŷ'DOODV, Texas 75019 Ŷ (817) 328-3200
Zoning Exhibit For Zoning Change Request From AG To PUD-R
18.231 Acre Tract - 24 Lots Total
Rezoning Area = 13.299 Acres
PLOTTED BY: Dennis Lang PLOT DATE: Friday, April 15, 2016 PLOT TIME: 3:24:53 PM FULL PATH: I:\Projects\2015\2015.257 Wilbow-Bransford Ranch - Colleyville, TX\Drawings\05-Exhibits I:\Projects\2015\2015.257 Wilbow-Bransford Ranch - Colleyville, TX\Drawings\05-Exhibits\Zoning Exhibit
PROPERTY DESCRIPTION
BEING a 13.299 acre tract of land in the J.J. Newton Survey, Abstract Number 1176, situated
in the City of Colleyville, Tarrant County, Texas, and being a portion of Lot 1R-A, Block 1,
Kay's Circle B Bar K Ranch, an addition to the City of Colleyville, Tarrant County, Texas,
recorded in Cabinet A, Slide 11950, Plat Records, Tarrant County, Texas. The bearings for
this description are based on the bearings as they appear in Cabinet A, Slide 11950, Plat
Records, Tarrant County, Texas. Said 13.299 acre tract being described by metes and bounds
as follows:
&200(1&,1*DWD´LURQURGIRXQGDWWKHVRXWKHDVWFRUQHURIVDLG/RW5$%ORFN
Kay's Circle B Bar K Ranch Addition;
THENCE North
West, along the south line of said Lot 1R-A, Kay's Circle B Bar K
Ranch Addition, a distance of 60.52 Feet to the PLACE OF BEGINNING;
THENCE North
West, continuing along the south line of said Lot 1R-A, Kay's
Circle B Bar K Ranch Addition, a distance of 442.56 Feet to a ò´ iron rod with plastic cap
VWDPSHG³53/6´
THENCE North
West, continuing along the south line of said Lot 1R-A, a distance
RI)HHWWRD´LURQURGIRXQGDWWKHVRXWKZHVWFRUQHURIVDLG/RW5$
THENCE North
West, along the west line of the said Lot 1R-A, a distance of
)HHWWRD´LURQURGIRXQGDWWKHPRVWZHVWHUO\QRUWKZHVWFRUQHURIVDLG/RW5$
THENCE South
East, along a northerly line of the said Lot 1R-A, Block 1, Kay's
Circle B Bar K Ranch Addition, a distance of 830.98 Feet to a point on the westerly line of Lot
1, Block 1, Crouch Addition, an Addition to the City of Colleyville recorded in Cabinet A,
Slide 1096, Plat Records, Tarrant County, Texas, and being on the east line of the said Lot
1R-A, Block 1, Kay's Circle B Bar K Ranch Addition;
THENCE South
West, along the common line of the said Lot 1, Block 1, Crouch
Addition, and Lot 1R-A, Block 1, Kay's Circle B Bar K Ranch Addition, a distance of 144.83
Feet to a ´ iron rod found at the southwest corner of the said Lot 1, Block 1, Crouch
Addition, same being an inner ell corner of the said Lot 1R-A, Block 1, Kay's Circle B Bar K
Ranch Addition;
THENCE South
East, along the common line of the said Lot 1, Block 1, Crouch
Addition, and Lot 1R-A, Block 1, Kay's Circle B Bar K Ranch Addition, a distance of 196.21
Feet to a point for corner;
7+(1&(6RXWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
7+(1&(6RXWK
:HVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
7+(1&(6RXWK
:HVWDGLVWDQFHRI IHHWWRDSRLQWIRUFRUQHU
7+(1&(6RXWK
(DVWDGLVWDQFHRIIHHWWRDSRLQWIRUFRUQHU
7+(1&(6RXWK
:HVWDGLVWDQFHRI )HHWWRWKH32,172)%(*,11,1*
and containing a computed area of 13.299 Acres, more or less.
Exhibit "D"- Memorandum of Understanding
WILBOW
CORPORATION
March 14,2016 \l\ 1/� �;
/ i
Bruce and Vicki Tanner ��y/" \ ,,
5616 Bransford Road,
v
Coffeyville,TX 76034
Re;proposed Oakleigh community and landscape buffer
Dear Bruce and Vicki,
This letter will serve as a Memorandum of Understanding between you and Wilbow
that should we secure our approvals for the Oakleigh community,:Wilbow will instruct
Curtis Young and The Sage Group to design a landscape buffer adjacent to our
common property lines,those being yoursouthern lot line and your rear-property line
to achieve screening from our community.The landscape border along the southern
property line will be planted in the common area lot and likely incorporate the existing
crape myrtles. It is our understanding that you would like us to i_nstalithe backyard
screeninginside your fence and you would own the.plantings. We are fine with this
arrangement.
We will present you with a meandering layered planting design for your approval and
will modify plant selections based upon your feedback. You would be responsible for
irrigation and maintenance of the plantings within your yard and our homeowners
association would be responsible for the plantings in the common area.
Please know that we have located our meandering entry street from Bransford;Road
away from our property line In consideration of your privacy. Furthermore,there is a
front yard behind you for a deep lot that sides to.your rear property line.The actual
residence on that lot will for the most part sit behind our 1.2 acre lot to your north so
your view will continueto be primarily to treetops of the proposed 1 acre.common
area park.In addition,the metal sheds will be dismantled and-disappear from your
view,which should enhance your view.
I trust thatWe can work together to create a beautiful luxury enclave that will fit with
the area'and be a good neighbor to those who have already chosen Colleyvilie as
home.
Regards
ChasFitzger• d
Co-Preside t
\\`ilhi m Corporation inc.
Fil.hugh Central Building
4131 N.Central Expressttat
Suite 990,Lockbox 13
Dellas,Temp.75204
Telephone:972.479.0097
f:tcvintilc:972.479.0397
Exhibit "D"- Memorandum of Understanding
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