HomeMy WebLinkAboutOrdinances (O-24-2292)-08/20/2024ORDINANCE 0-24-2292
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 13.84 ACRES BEING TRACT 1B1, 1C1, 1B2, AND 11133,
ABSTRACT 294, ROBERT CHOWNING SURVEY, AND LOT 1, BLOCK 1,
CERO ADDITION, LOCATED AT 2417 WILKES DRIVE AND 6400 POOL
ROAD FROM THE AG AGRICULTURAL AND THE RE SINGLE FAMILY
ESTATE' RESIDENTIAL DISTRICTS TO THE R-40 SINGLE FAMILY
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
from AG Agricultural and RE Single Family 'Estate" Residential
district to R-40 Single Family Residential district under Case
No. ZC24-014; 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 the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a change in the zoning from AG Agricultural district
and RE Single Family Estate" Residential district to R-40
Ordinance 0-24-2292
Page 2 of 4
Single -Family Residential district on 13.84 acres, being Tract
1B1, 1C1, 1B2, and 1133, Abstract 294, Robert Chowning
Survey, and Lot 1, Block 1, Cero Addition located at 2417
Wilkes Drive and 6400 Pool Road as depicted on the attached
as Exhibit "A" (the "Subject Property").
Sec. 2. THAT the Subject Property 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. 3. THAT the Subject Property shall be developed and maintained
in conformance with this ordinance, subject to the following
conditions:
1. As depicted in the attached Exhibit "A" and Exhibit "B".
2. A minimum 25' tree preservation easement shall be
located:
a. Along the western and southern property lines of the
development parcel and shall be depicted on the final
plat;
b. Overlaid upon the open space lot near entrance
(being the lot labeled OS 24,085 s.f. in Exhibit "B"),
allowing for limited encroachment of the necessary
roadway related infrastructure and only as approved
by the City's arborist; and
c. Along the rear lot line of Lots 1, 2, 3, 4, and 5.
3. Developer shall convey the open space abutting Big Bear
Creek (being the entire area labeled as OS 99,990 s.f. in
Exhibit "B") by way of fee simple title to the City. The
conveyance shall occur prior to and as a condition of
issuance of a building permit for development of the
Subject Property.
4. Entrance features for the subdivision (along Pool Road)
shall be constructed substantially as depicted in the
attached Exhibit "C", subject to modification only upon
written approval by City. Said features shall include
"Colleyville" in subdivision monument signage.
Ordinance 0-24-2292
Page 3 of 4
5. All construction traffic related to site development shall use
Pool Road access exclusively. No construction related
traffic shall be allowed to access the Property from Wilkes
Drive.
6. Additional trees, as approved by the City's arborist, shall
be located within the 25'tree preservation easement along
the western and southern property lines of the Subject
Property. The number of trees shall not exceed a total
quantity of 25 - 3" inch caliper over story trees spaced
accordingly.
7. The 8' masonry wall constructed in conjunction with the
entrance features shall extend north along the eastern and
northeastern line of Lot 1, terminating at the southeast
corner of Lot 2. This is in addition to the construction of
the 8' masonry wall westward along the south line of the
development to the southeast corner of Lot 8.
Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
Ordinance 0-24-2292
Page 4 of 4
The first reading and public hearing being conducted on the 6th day of August
2024.
The second reading and public hearing being conducted on the 20th day of
August 2024.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TIl DAY OF
AUGUST 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tern Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
CITY OF COLLEYVILLE
44-�—
Bobby Lindamood
Mayor
Exhibit "A" - Location and Zoning Map
AG
AG
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Exhibit"B" -Development Plan
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Exhibit "C" - Entrance Features
The Bluffs of Colleyville
Pool Road Entry Concept
The Bluffs of Colleyvi/le
Pool Road Entry Concept