HomeMy WebLinkAboutOrdinances (O-23-2233)-Denied-02/21/2023DENIEDORDINANCE O-23-2233
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 13.89 ACRES BEING TRACT 1B1, 1C1, 1B2, AND 1B3,
ABSTRACT 294, ROBERT CHOWNING SURVEY, AND LOT 1, BLOCK 1,
CERO ADDITION, LOCATED AT 2417 WILKES DRIVE AND 6900 POOL
ROAD FROM THE AG AGRICULTURAL DISTRICT AND RE SINGLE
FAMILY ‘ESTATE’ RESIDENTIAL 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. ZC22-036; 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 amend the City’s zoning ordinance; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
City’s zoning 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 City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the
City Charter, and state law with reference to changes to zoning
classifications under the City’s zoning ordinance and zoning
map, having given the requisite notices required by law and
having held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
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.
DENIED 6 AYES, 0 NAYS, WITHOUT PREJUDICE
FEBRUARY 21, 2023
DENIEDOrdinance O-23-2233
Page 2 of 7
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 13.89 acres, being Tract 1B1, 1C1,
1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot
1, Block 1, Cero Addition, located at 2417 Wilkes Drive and
6900 Pool Road from the AG Agricultural district and RE Single
Family ‘Estate’ district to the PUD-R Planned Unit Development
–Residential zoning district, as depicted in the attached Exhibit
“A” and 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 to allow for a single-family
residential development of detached dwelling units.
b. The 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 generally consistent with the
Conceptual Site Plan, labeled as Exhibit “C”, which shall
not be considered the preliminary plat. The actual
street and lot arrangement may differ from that shown
on Exhibit “C” to accommodate topographic, drainage,
engineering design limitations, 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 PUD-R.
DENIEDOrdinance O-23-2233
Page 3 of 7
3.PERMITTED USES
a.Single-family residences, detached; limited to no more
than 18 lots as shown on the attached Development
Plan.
b.Common open space areas
4.RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Single-family detached residential lot requirements and
setbacks shall comply with the following R-20 zoning district
and subject to the following provisions:
a. Minimum Lot Size 20,015 s.f.
b. Minimum Lot Width Eighty feet (80’) measured at
the building setback line, except
pie-shaped cul-de-sac lots, in
which case the minimum shall
be seventy-five feet (75’), as
shown on the Development
Plan.
c. Front Building Line 30 feet back of property line.
d. Side Building Line 10 feet.
e. Rear Building Line 25 feet.
f. Maximum Lot Coverage 30%
g. Maximum Impervious
Coverage
60%
h. Street-facing Side Yard Side yard setbacks on the street
side of a corner lot, fronting on
another street, shall all be 30’
i. Minimum House Size 3,500 square feet.
DENIEDOrdinance O-23-2233
Page 4 of 7
5. Open Space
a.This development shall provide not less than 20.66%
common open space, which shall generally be
configured as shown on Exhibit “C”. All open space
areas shall be landscaped and maintained by the
Homeowner’s Association.
b.All amenities within the open space areas shall be
maintained by the Homeowner’s Association.
c.All common open space along the internal streets shall
be fully landscaped and irrigated with a combination of
trees and shrubbery pursuant to an approved
landscape plan. The common open space shall be
owned, operated and maintained by The Bluffs at
Colleyville Homeowners Association which shall have a
mandatory membership of all homeowners and shall
collect dues in amounts satisfactory to maintain the
common open space. The Association shall have fine
and lien rights as permitted by law to enforce
compliance with the rules of the association.
6.SCREENING
a.Perimeter fencing and screening shall be in compliance
with the Wall/Fence Diagram included and shown on
the Development Plan, labeled as Exhibit “C”.
b.Wood fencing will only be permitted between lots. All
front elevation fences, from the front of the house to
the side property line, shall be open style fencing of
decorative metal, and/or masonry. All lots adjacent to
a common open space shall be open style fencing of
decorative metal, and/or masonry.
c.Where lots back to existing residential lots with fences,
the existing fence shall be kept, maintained or
improved in coordination with each owner, as shown in
the diagram on the Development Plan and associated
detailed diagrams. Where open space lots border
adjacent properties, either the existing fence will be
maintained or improved, or a decorative masonry or
DENIEDOrdinance O-23-2233
Page 5 of 7
metal fence will be installed, all in cooperation with the
adjacent property owner, according to the detailed
plans submitted with zoning.
7. ARCHITECTURAL FEATURES
a.The dominant exterior vertical wall area of each
structure, exclusive of doors and windows, shall be
masonry (brick, stone, or stucco) or other material
solely determined by The Bluffs HOA Architect Review
Committee. No more than 20% of the exterior vertical
wall to be authentic lath and stucco application over
wood framing. Dryvit systems or Styrofoam products
are not acceptable. The exterior of chimney flues shall
be of masonry material acceptable to the Committee.
Installation of all types of exterior items and surfaces
such as address numbers or external ornamentation,
lights, mail chutes, mailboxes, roofing materials and
exterior paint or stain, shall be subject to the approval
of the Committee as to size, design, materials color,
manufacturer and location. Garage Standard –
Minimum of a three-car garage with wood-like,
architecturally enhanced doors.
b.Minimum Roof Pitch – Minimum of a 10:12 roof pitch
unless architecturally required to vary, based on home
style.
c. Windows – No aluminum windows allowed in the
subdivision, only windows of higher quality and every
efficiency will be allowed. All windows will be insulated
glass with a “low-e” specification.
8. OTHER
a.Minimum of two (2) three-inch (3”) caliper trees per
front yard, unless quality existing trees are present and
saved. Fully landscaped and sprinklered front and rear
yard within sixty days of completing a house.
b.Street Design Standards:
o Right-Of-Way: Fifty feet (50’) (Undivided)
DENIEDOrdinance O-23-2233
Page 6 of 7
o Travel Lane Width: Thirty-one feet (31’), back of
curb to back of curb
o Turning Radii: Fifteen feet (15’)
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
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
January 2023.
The second reading and public hearing being conducted on the 21st day of
February 2023.
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF
FEBRUARY 2023.
DENIEDOrdinance O-23-2233
Page 7 of 7
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” – Location and Zoning Map
Exhibit “B” – Statement of Planning Objectives
Exhibit “C” –Development Plan