HomeMy WebLinkAboutOrdinances (Ordinance O-23-2244)-06/20/2023DENIED WITH WAIVER OF PREJUDICE JUNE 20, 2023
7-0 – MAYOR LINDAMOOD, MAYOR PRO TEM RIGNEY,
COUNCILMEMBERS ELDER, BOND, RICHARDSON, GRAVES, KELLEY
ORDINANCE O-23-2244
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. ZC23-010; 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.
Ordinance O-23-2244
Page 2 of 6
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 “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, 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.
3. PERMITTED USES
a. Single-family residences, detached; limited to no more
than 14 lots as shown on the attached Development Plan.
Ordinance O-23-2244
Page 3 of 6
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 26,165 s.f.
b. Minimum Lot Width 80 feet measured at the
building setback line, except
pie-shaped cul-de-sac lots, in
which case the minimum shall
be 75 feet, 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
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
Ordinance O-23-2244
Page 4 of 6
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 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 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
Ordinance O-23-2244
Page 5 of 6
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. 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)
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.
Ordinance O-23-2244
Page 6 of 6
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 6th day of June
2023.
The second reading and public hearing being conducted on the 20th day of
June 2023.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE
20TH DAY OF JUNE 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 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” –Development Plan