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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