HomeMy WebLinkAboutOrdinances (O-07-1627)-08/21/2007ORDINANCE 0-07-1627
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 20.5 ACRES OUT OF THE R.N.
MCEWING SURVEY AND LOTS 1 AND 2, BLOCK 1 OF THE REED ADDITION,
FROM THE CC2-SHOPPING CENTER AND R40-SINGLE FAMILY RESIDENTIAL TO
PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning under
Case No. Z-07-018; and
EREAS, 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
EREAS, 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
EREAS, 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 and 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, 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 and affording a full and fair hearing to all the
Ordinance 0-07-1627
Page 2 of 6
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:
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.
2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
20.5 acres out of the R. N. McEwing Survey and Lots 1 and 2, Block 1 of
the Reed Addition from the CC2-Shopping Center and R40-Single Family
Residential to PUDR-Planned Unit Development Residential zoning
district, as depicted on Exhibit "A" and as described on Exhibit "B".
3. THAT the Official Zoning Map of the City of Colleyville be amended to
incorporate the zoning change approved herein.
4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUDR is for a single-family residential
development of detached dwelling units, constructed at a gross
maximum density of 3.2 dwelling units per acre.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by this
Ordinance.
2. CONCEPTUAL PLAN AND PLATTING
a. The subdivision shall be generally consistent with the conceptual
site plan attached as Exhibit "B", which shall not be considered the
preliminary plat. The actual street and lot arrangement may differ
from that shown on Exhibit "B" to accommodate topographic,
drainage or other conditions.
b. The developer shall submit and receive approval from the City, a
Preliminary and Final Plat in accordance with the requirements of
the Land Development Code prior to development of this PUDR.
Ordinance 0-07-1627
Page 3 of 6
3. PERMITTED USES
a. Single-family residences, detached
b. Common open space areas
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the following
provisions. Building line setbacks established by the conceptual site plan,
which is attached as Exhibit "B", shall control where such building line
setback is different from the following requirements.
a. Minimum Lot Size 6,655 square feet
b. Minimum Lot Width 59 feet
c. Minimum Lot Depth 115 feet
d. Front Building Line 15 feet
e. Side Building Line 5 feet
f. Rear Building Line adj. to greenbelt 5 feet
g. Rear Building Line interior lots 10 feet
h. Maximum Lot Coverage 60
5. OPEN SPACE
a. This development shall provide a minimum of 21 % common open
space, as shown on Exhibit "B", which shall be for the leisure and
recreational use of the development's residents. The open space
shall comply with the provisions contained in the Land Development
Code. All open space areas shall be landscaped.
b. A thirty five (35) foot wide greenbelt shall be provided along the
common property line with the Rosewood Villas Addition and the
Keller Independent School District Liberty Elementary School
property.
c. Open space may be utilized for storm water retention not to exceed
twenty-five (25%) of the common open space area.
6. PRIVATE SIDEWALKS AND STREETS
a. Sidewalks along lot frontages shall be constructed by each
homebuilder. All sidewalks shall be constructed in accordance with
the requirements of the Colleyville Land Development Code.
b. The walking paths located within the open space areas shall be
constructed of concrete.
Ordinance 0-07-1627
Page 4 of 6
c. This development may be developed as a gated community with
private streets in accordance with Chapter 10 of the Colleyville Land
Development Code.
d. All gates will be fitted with a Fire Department approved Opticom
system.
e. Public access pedestrian gates shall be constructed at the entrances
of the development to provide public use of the internal sidewalks
through the development.
7. SCREENING
a. An eight (8) foot tall masonry fence shall be constructed along the
frontage of McDonwell School Road. The masonry fence shall be
equal in quality and appearance to the Superior Stone fence, as
shown in the Superior Concrete Products brochure, attached as
Exhibit C -Specifications for Screening Wall.
b. Fourteen (14) trees shall be planted within the open space area
adjacent to McDonwell School Road. There shall be one-three inch
caliper tree per each 50 feet of street frontage.
c. Alive landscape screen will be planted along the western boundary
line of this development adjacent to the Keller Independent School
District Liberty Elementary School property that will achieve six feet in
height within three years of planting. The landscape screen shall be
installed prior to the issuance of Certificates of Occupancy for Lots 1-
12.
8. OTHER
a. The minimum square footage for all houses constructed in this
subdivision shall be two thousand six hundred (2,600) square feet.
b. An all weather paved surface access shall be provided to the
adjacent lot with the existing telecommunications tower. An
ingress/egress easement to the lot shall be shown on the
preliminary and final plats.
c. The developer construct a "Welcome to Colleyville" monument sign
at the northwest corner of the development upon completion of the
City branding study. The sign will meet the design specifications as
required by the branding study. The sign will be maintained by the
homeowner's association.
d. Retention ponds shall include at least one aeration device per pond
Ordinance 0-07-1627
Page 5 of 6
e. The developer shall plant a minimum of 25 trees within the open
space areas of the development. The trees shall be a minimum of
3-caliper inches at time of planting. The 25 trees will be in addition
to the fourteen trees required per Section 7.b of this ordinance.
ec. 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.
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.
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.
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.
c. 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.
ND IT IS SO ORDERED.
first reading and public hearing being conducted on the ~ day of
,e..gc..o f"' 2007.
-- ~„
second reading and public hearing being conducted on the o1/`~day of
u~,a,.o~ 2007.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~~~~~?
David Kelly
Mayor
Ordinance 0-07-1627
Page6of6
PROVED AS TO FORM AND LEGALITY:
~~~~ ~' ~~
Matthew C. G. Boyle
City Attorney
Exhibit A -Zoning and Location Map
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Exhibit B -Conceptual Site Plan
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