HomeMy WebLinkAboutOrdinances (O-11-1800)-08/17/2011ORDINANCE 0-11-1800
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING ON 4.7 ACRES ON LOTS 1-16, BLOCK 1, OF THE
COLLEYVILLE HEIGHTS ADDITION, FROM THE R10-SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT
RESIDENTIAL ZONING 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 rezoning under Case
No. ZC11-008; 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 Commis~ion 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, ~anic, 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 and affordirg 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 tnereof, the governing body of the City
of Colleyville is of the opinion that sa~d change in zoning should be madz.
Ordinance 0-11-1800
Page 2 of 4
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 4.7
acres on Lots 1-16, Block 1, of the Colleyville Heights Addition, from the
R10-Single Family Residential zoning district to the PUD-R-Planned Unit
Development Residential zoning district, as depicted in the attached Exhibit
"A" and described in the attached 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 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 street layout and arrangement of lots of the subdivision shall be
consistent with the final plat, labeled as Exhibit "C".
3. PERMITTED USES
a. Single-family residences, detached
b. Common open space area
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Single-family detached residential lot requirements and setbacks shall
comply with the following provisions. Building line setbacks established by
Exhibit "C", shall control where such building line setback is different from
the following requirements.
a. Minimum Lot Size 10,000 square feet
Ordinance 0-11-1800
Page 3 of 4
b. Minimum Lot Depth 100 feet
c. Minimum Lot Width 75 feet
d. Front Building Line 30 feet
e. Side Building Line 8 feet
f. Rear Building Line 25 feet
5. OPEN SPACE '
a. This development shall provide not less than 3.9 percent common
open space, which shall be contained on Lot 16 as shown on Exhibit
"C". All open space areas shall be landscaped and maintained by the
Homeowner's Association.
6. SIDEWALKS AND PATHWAYS
a. Sidewalks shall be required along both sides of Regina Court and
shall be installed when any new structures are built on the lots.
7. OTHER
a. With the exception of Lot 8, all homes constructed in the
development shall be installed with an automatic fire-sprinkler
system approved by the Fire Marshal.
b. Any residence constructed on Lot 1, Block 1, shall be limited to a
height of one story.
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.
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
Ordinance 0-11-1800
Page 4 of 4
this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The firs reading and public hearing being conducted on the ~ day of
2011.
ted on the ~ da of
The se d reading and public hearing being conduc ~_ Y
2011.
ATTESi~~ l n . ~ Q~ CITY OF COLLEYVILLE
~~ . `~ v ~" ~
ynthia Singleton, TRMC, C David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
~~~~~ ~ ~`
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"- Location and Zoning Map
EXHIBIT "B"- Statement of Planning Objectives
~af~eywr~i~e INeights is a n~w h~srn~ subt~~isi~an tleve~a!perd t~y ~Eleyfvi[le ~~ights. LLC. In ~{~7.
M1ron L~nd~ a s~st~r t+~rt~p~n~+ of Calais Cuskt~m l~omes, purthased lt~ts 1-6 ant! Iot~ 9-15 ft~r the
purpos~ of new res~dential car~structipn. Th~ entire prop~+~t~+ c~snsis~~ of 4.73~ ~cres 1a~t~ c~n
t~~* w~est side taf ~P~easant R~,n, n~nrth of ~entral 5tr~et a~d scauth c~f Th~omas 5#reet. TF~e
prc~periy is curr~r~tCy ~stilixir~g the Gtyt c~f Coi#eyville's Rli~ ~c~nir~g, There are frv~ (5~ newty
!~+~+nstt'uCt~d ht~rrtes by C~I~is ~ust~rrra ~om+~s~ one ~l~ hdrr-~ curret~tty unc~er ~vnstru~ti+~r+ bp 1PK
Bu~lders, the d~v~lt~p~rs existirtg MvmE (1I~ ei~ht ~8} lots own~ed t~y Mirvn Land, and ~e (i} lot
d~voted t~ mp~~ sp~+ce ~ r~r~ina~e.
Cc~stamer L~emo~r~phlc
t]u~ p~tent6a~ ~custqr~ners. ~s well as a nura~ber of curr~r~t horne ~ccup~nts, are `~m~ty n~sters'.
'fh~y are 1d~rk~n~ for s~rr~le s#c~r~y ha~es b~twreen 3.St~[1! ~nd 4,t~ sq~. Irt addiiir~n, they iravel
frequ~nt~ urt busines~, tc~ visit frfent~~ ant~' 1'amity, ~r~d ffr~r v~c~t~t~n~. ~teq~~sting tFt~ zorring
ch~ng~ is dvn+~ i+~ 1arg~ pa,rt tcr ~eet ~he hvme de5i~n and security needs r~f cuur current and
~oter~ti~1 ~G~stt3mers.
~~vpased tat +Coverag~
~d~ ~r~ ~rrc~p~osir~~ a ne~+r m~xi~tusrt l~t c+~vera~e of 549~ tras+e~d u~c~n th~ f~ll~wing t~~ts°.
`fhe pra~perty is surresunde~i by t~1d~*r horttes ~n I~rger lots that are als~ utifizing the C'rty
of ~olley~rill~'s RS~J ao~tin~. ~"he ~1fl zor~in~ ~rtsv'rdes fitar a maxirn~um I+~t ccruerage crf
35~, The 3~'~o maximum tot cq+a+~rag~ was suff"icient 34l* years aga when ne~nrlyr
t+~nstructed h+arnes wer~ much smaller than new ~omes t~day. in atitfiti~n, 3and was
mr~re plentiful years a~o and the Icst ~~zes were muth larg~r. The +c~!mbinatian c~f these
two factars h~s created a zaning classificati~r~ tha~ we believe is tcao restrictive tcsr ne~nr
home zc~n~truction.
• Th~e sFZ~ antl ~r~e ~t~s~y hc~rr~e design request~ ~f our curreni customet d~mtrgr~phit ~s
~utlir~ed ~berv~.
r Ot9aer new resider~tial ~c~nsirurt~on sub~ivisit~ns in ~all~yville are c~rrer~tly utilizing the
~'Uf} za~ning vaith a maycfmum I+at coverage in excess of 5t}~
fl Villas +af Calleyville
~s Vili~s ~t C7~k Poittt
~, GambritJ~e Pfa~~
The interpr~t~tivn vf maxrmum lot coverage has chang~ri at th~ city. Th~s char~ge
occurred afker the carnRietian ~rf tFt~ first fr~ut n~wty trrnstructed hnrnes fn the
subdivfsign. 7F~e ehange in interpretatlon has made the 35~'u rrvaximum lot co~erage
mv~e r~strictiv~e.
P~ro~rosed Set-b~~ks
We ar~e ~rop+~sir~~ a rtew rnaxtrrtum fr~or~t y~rd deptih nf 25' and ~ new rriaxirnum re~r yard depth
gf 2tY based upc~n #he fc~ltc~~nr"rn~ faet~rrs:
r A changg in the fre~nt ~wnd rear yard ~deptFrs is necess~ry in c~rder ta prov~de the
r~que~t~ri 5t196 maximum #ot covera$e. Ttt+~ +e~ciscir~g fr~rrrt ~nr! r~ar yard deptt~
maxamums+,uiil onty ~ttow for a 45~9~ maximum !ai ec~v+~rage.
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