HomeMy WebLinkAboutOrdinances (O-13-1894)-11/19/2013 ORDINANCE 0-13-1894
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP
AND CHANGING THE ZONING ON 15.4 ACRES ON LOT 1, BLOCK 1, OF
THE BREEZY LAKE ESTATES, LOTS 1A AND 1B, BLOCK 1, OF THE
MEADOWLAKE ADDITION, TRACT 2B, OF THE MCNARY ACRES
ADDITION, AND A PORTION OF LOT 1, BLOCK 1, OF THE BEAR
VALLEY COMMUNITY CHURCH ADDITION, LOCATED AT 1117, 1121,
AND 1217 W. L.D. LOCKETT ROAD AND 7900 PRECINCT LINE ROAD
FROM THE R40-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 a rezoning
under Case No. ZC13-014; 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 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 Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; to secure safety from fire,
panic, 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
Ordinance 0-13-1894
Page 2 of 7
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 affording 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 thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
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 15.4 acres on Lot 1, Block 1, of the
Breezy Lake Estates, Lots 1A and 1B, Block 1, of the Meadowlake
Addition, Tract 2B, McNary Acres Addition, and a portion of Lot 1,
Block 1, of the Bear Valley Community Church Addition, located
at 1117, 1121, and 1217 W. L.D. Locket Road and 7900 Precinct
Line Road from the R40-Single Family Residential zoning district
to the PUD-R-Planned Unit Development Residential zoning
district, as depicted in the attached Exhibit "A" and as legally
described in 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 49 detached dwelling units, constructed at
a gross maximum density of 3.2 dwelling units per acre.
Ordinance 0-13-1894
Page 3 of 7
b. This development shall be generally consistent with the
Statement of Planning Objectives, attached as Exhibit "C".
c. The subject property is subject to all the regulations
contained in the Land Development Code, except where
amended by this Ordinance.
2. DEVELOPMENT PLAN AND PLATTING
a. The development shall be generally consistent with Exhibit
"D", Conceptual Site Plan, which shall not be considered
the preliminary plat. The actual street and lot arrangement
may differ from that shown on Exhibit "D" to accommodate
topographic, drainage, or other conditions.
b. The developer shall submit and receive approval from the
City, a Preliminary and Final Plat, approved in one or more
phases, 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
b. Common open space areas
4. RESIDENTIAL LOT REOUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the
following provisions:
Planning Area "A"
a. Minimum Lot Size: 9,000 square feet
b. Minimum Lot Depth: 120 feet
c. Minimum Lot Width: 74 feet
d. Front Building Line: 15 feet for a swing garage;
20 feet for a front facing
garage
Ordinance 0-13-1894
Page 4 of 7
e. Side Building Line: 7 feet for one-story homes;
10 feet for two-story homes
f. Rear Building Line: 30 feet
g. Maximum Lot Coverage: 65 percent
h. Minimum House Size: 2,800 square feet
i. Maximum Building Height: 35 feet
j. There shall be no more than three second story windows
on the rear of any home in Planning Area A.
Planning Area "B"
a. Minimum Lot Size: 7,000 square feet
b. Minimum Lot Depth: 120 feet
c. Minimum Lot Width: 60 feet
d. Front Building Line: 15 feet for a swing garage;
20 feet for a front facing
garage
e. Side Building Line: 0, 5, 9, or 10 feet with a
minimum of 10 feet between
primary structures
f. Rear Building Line: 10 feet
g. Maximum Lot Coverage: 65 percent
h. Minimum House Size: 2,500 square feet
i. Maximum Building Height: 35 feet
5. RESIDENTIAL DESIGN REQUIREMENTS
The following requirements shall apply to all homes constructed
in this development.
Ordinance 0-13-1894
Page 5 of 7
a. Roofing Standards: Minimum roof pitch: 10: 12. Roofing
Materials: Minimum 240 lb. dimensional shingle.
b. Garage Standard: A minimum two car garage shall be
constructed with architecturally enhanced doors.
c. Masonry: The exterior wall of all homes shall be composed
of 80 percent masonry materials with a requirement that all
siding shall be of a cementitious material.
6. OPEN SPACE
a. This development shall provide a minimum of 22 percent
common open space, as shown on Exhibit "D", which shall
be for the leisure and recreational use of the development's
residents. The open space shall comply with the provisions
contained in the Land Development Code. All open space
areas shall be landscaped and maintained by the
Homeowner's Association (HOA).
7. PRIVATE STREETS AND SIDEWALKS
a. Sidewalks along lot frontages shall be constructed by each
homebuilder. All sidewalks shall be constructed in
accordance with the requirements of the Land Development
Code. A minimum five (5) foot wide trail shall be
constructed within the open space area around and along
the interior pond. Said minimum five (5) foot wide trail
connecting this development with the Reatta Place
development shall be constructed as agreed between the
developer and the Reatta Place Homeowner's Association.
b. All streets in this development shall be private. Right-of-
way and pavement widths shall meet the following
requirements: the minimum right-of-way for streets shall
be 40 feet and the minimum pavement width for street
shall be 31 feet, measured from back of curb to back of
curb. A five foot utility easement shall be located along
both sides of all internal streets.
c. All gates shall meet the minimum requirements of Chapter
14-Engineering Design Standards in the Land Development
Code.
Ordinance 0-13-1894
Page 6 of 7
8. FENCES, SCREENING AND LANDSCAPING
a. Wood fencing between lots is permitted. 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 lot boundaries along common opens areas
shall be open style fencing of decorative metal, and/or
Masonry.
b. All lots backing to the common open space shall be open
style fencing of decorative metal, and/or masonry.
c. Where lots back to the existing residential lots in the Reatta
Place development, the developer shall construct a new
eight (8) foot cedar fence on metal poles. Said fence shall
be constructed prior to the final acceptance of public
improvements.
d. All lots shall contain a minimum of two (2) three-inch (3")
caliper trees in the front yard adjacent to the street right-
of-way. Each lot shall be fully landscaped with an approved
irrigation system in the front and rear yard prior to the final
inspection.
e. A minimum of two (2) three-inch (3") caliper trees shall be
planted in each rear yard where trees do not exist for all
lots that back to the eastern boundary of the development
prior to the final inspection.
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.
Ordinance 0-13-1894
Page7of7
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
November 2013.
The second reading and public hearing being conducted on the 19th day of
November 2013.
PASSED AND APPROV by the City Council of the City of Colleyville,
Texas, on this the I day of November 2013.
ATTEST: CITY F COLLEYVILLE___
8 E0
Am elley, TRMC Mi e Taylor
City Secretary Mayor Pro Tern
APPROVED AS TO FORM AND LEGALITY:
1/4 -641/6--4--
Fop. Matthew C. G. Boyle
City Attorney
Exhibit A -Location and Zoning Map
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Exhibit B - Legal Description
METES AND BOUNDS DESCRIPTION FOR ZONING EXHIBIT
FUTURE HERON POND-15.17 ACRES
IN THE I.CARHARRINGTON SURVEY,A-808
CITY OF EULESS,TARRANT COUNTY,TEXAS
All that certain 15.17 acres of land,which is all of Lot 1, Block 1, Meadowlake, described in the plat recorded in Volume 388-173,
Page 37 in the Plat Records of Tan-ant County,Texas (P.R.T,C.T,) and all of Lot 1,Block 1,Breezy Lakes Estates, described in the
plat recorded in Volume 388-172, Page 40 P.R.T.C.T., and part of Tract 2,McNary Acres, described in the plat recorded in Volume
388-140, Page 78 P.R.T.C.T., and part of Lot 1, Block 1, Valley Community Chnach Addition, described in the plat recorded in,
Cabinet A,Slide 5206,the 1.002 acre tract, in the I. Carodine Survey, A-356, in the City of Colleyville, Tarrant County, Texas and
more particularly described by metes and bounds as follows: (all bearings shown hereon are based on the south right-of-way line of
L.D.Lockett Road(right-of-way varies),as shown on the plat of said Breezy Lake Estates and said Meadowlake);
BEGINING at a 1/2"iron rod found for the northeast corner of said Lot 1,Block 1,Medowlake, in the south right-of-way line of said
L.D.Lockett Road;
THENCE South 00°13'42'West-921.71'to the a 1/2"iron rod found for the southeast corner of the herein described tract,
common to the northeast corner of Lot 4,Block 1,Reatta Place,described in the plat recorded in Cabinet A,Slide 8272 P.R.T.C.T.;
South 89°58'36"West-622,68`to the most southerly southwest corner of the herein described tract;
THENCE North-427.95'to a 1/2"iron rod found for the southeast corner of said Tract 2,McNary Acres,common to the southwest
corner of Lot 1,Block 1,Breezy Lake Esates;
THENCE North 89°27'00"West-176.01'to a 1/2"iron rod with a cap stamped"Votex"found for the most westerly southwest
corner of the herein described tract;
THENCE North 00°23'00"East-495,00'to a 1/2"iron rod found for the northwest comer of the herein described tract,in the
south right-of-way line of said L.D.Lockett;
THENCE along the south right-of-way line of said L.0.Lockett Road the following courses:
South 89°27'00"East-176.01'to a 1/2"iron rod with a cap stamped"Moak"found for the northeast corner of said Tract
2,McNary Acres;
South 00°23'00"West-5.00'to a 1/2"iron rod with a cap stamped"Moak"found for north west corner of said Lot 1,Block
1,Breezy Lake Estates;
South 89°27 00"East-322.87 to the northeast corner of said Lot 1,Block 1,Breezy Lake Estates;
North 15°03'57"East-10.33'to the northwest corner of said Lot 1,Block 1,Meadowlake;
South 89°27'01"East-297.56'to the POINT OF BEGINING and containing 15.17 acres of land.
Exhibit C - Statement of Planning Objectives
He/ran/Pond'
Coileyville. Texas— November 13.2013 Sage Group, Inc.
Statement of Planning Objectives-
Heron Pond is a proposed residential neighborhood to be developed by flat Creek
Development under the Planned Unit Development regulations tier Residential
development (PUD-R) in the City of Colic ilk. The 15.43 acre property is located on
the south side of Li) Lockett Road. just east of Precinct Line Road, the property is
currently shown on the Future Land Use Plan as Retail, but is zoned lbr Residential (R-
40)and is occupied by an equestrian laacility, open space and a uicult oral areas.
The surro€ndine area is frilly developed. Across the street to the north is the existing
Emerald Park neit7iborhood, to the west lies Community and Conutiercial ITses,
containing the corner gasoline station' convenience store package store. and the Bear
Valley Community Church. To our south and east is the Reatta Place PI..TD-R Residential
neiehborhood.
The subject tract is shown on the Future Land Use flan as "Retail" however we believe
there would be a limited niiirket kr Retail Uses in this location, as there is no reni fining
frontage on Precinct I.ine Road, and that it better use lie- this property would be to begin a
transition ti'om the Commercial to the west, to the PITT)-R Single Fatuity Residential to
the cast with a suitable Single-Family Residential use.
This proposal which transitions between the Commercial Tracts to the west along
Precinct Line Road with residential lots averaging over 8.400 s.Y. to the larger lots in
Reatta Place, and over 22%Open Space, is consistent with this and-we believe- the
surrounding uses.
The property generally slopes toward the drainage swale and lake that routs from the north
to the south through the property. All of our street and lot drainage would be directed
toward this area and would not affect any of the neighborine properties.
We have commissioned a drainage study to illustrate the current conditions and mike
sure this development- as proposed- would net the requirements of the ordinances
regulating development and drainage.
Exhibit C - Statement of Planning Objectives (Continued)
Quality and compatibility with the adjacent residential. as well as the rest of Colkyville
are essential, and we have designed this proposal with those 4goals in mint
The residences planned for Heron Pond will be very upscale, with selling prices
estllT aced to range between 5400,000 to over 5600,000. The development will have as its
focal point, and feature, a pond and landscaped perimeter. The imiin entry road has been
located directly across from the Emerald Park Entry=, but also to take advantage of the
resulting entry view toward the landscaped central lake area.
line internal road is planned to be a gated private road with a Resident/ Visitor gate at tlx:
western entry, across from the existing gated entry into Limerald Park,designed to meet
all the city standards tear such an entry. The eastern entry will be resident-only, providing
a second point of access. We propose to build the noninl Colkyville street section of 31'
(back of curb to back of curb), in a 40'R.O.W. with 5' utility and sidewalk easements on
either side.
In addition to some of the existing trees we will save within the open space areas,there
will be a requirement of a front yard tree liar even,-• residential lot to be installed by the
hour builders, adjacent to the street right of way. A minimum of two trees will also be
installed in tlx:rear yard of each lot backing to the neighboring lots in Reatta Place, at the
eastern boundary, where existing trees do not already exist. To encourage pedestrian
activity in the neighborhood, sidewalks will be built along the front of each lot, as well as
a 5'trail around the lake. The indicated landscaped setback, along LD Lockett, will be
preserved within an open space lot, to be owned and maintained by the Heron Pond
Iionrowners Association.
The scale and orientation of the development has been designed to have an inviting visual
Bow with the existing neighborhoods and surrounding uses. The design criteria of the
hoes create high quality homes in keeping. with both the immediate neighborhood
and Colkyville as a whole.
Development Schedule
Heron Pond will be developed in a single phase with the development commencing upon
the successful completion of the zoning and platting and the subsequent approval of the
final plat and engineering plans. Construction of homes is anticipated to start
immediately upon completion of the subdivision's infrastructure.
Economic Development Information
Heron Pond will have a total of tbny-nine (49) hours, each with an average estimated
value upon completion ofaapproxinutely 3400,000 to over 5600,000,resulting in an
overall tax base of 524,500,000, based on a 3500,000 estimated average. At the current
tax rate of 2.694677%,the total taxes generated from the development are projected to he
5654,000.with S 91,250 generated directly fins the City.
Exhibit C - Statement of Planning Objectives (Continued)
Development Standards
Permitted Land Use: Single Family Residential Detached
Residential Lot Requirements and Setbacks:
Residential lot requirements and setbacks shall comply with the kbllowing provisions.
Pkinning Area "A" refers to those lots adjacent to the far eastern property line. All other lots
comprise Planning Area"B."
Planning Area "A"
a. Minimum Lot Size 9,000 square feet
b. Typical lot Width 74 feet
c. Minimum Lot Width 60 feet (inside corner lot)
d. Minimum Lot Depth 120 feet
e. Front Building Line 20 feet, or 15 feet for•a front swing garage
E Side Building I..ine One story Home: 7 legit: Two story Home: 10'
g. Rear Building Line 25 let
h. Maximum Building height 35 feet
i Maximum m Lot Coverage 65%
j. Minimum [louse Size 2.80(1 s.f
Planning Area "B"
a. Average I.nt Size 7,800 square legit
b. Minimum I.ot Size 7,000 square feet
c. 'Typical Lot Size 60 feet
d. Minimum Lot Width 47 feet (inside comet lots)
e. Minimum Lot Depth 120 feet
f Front Building Line 20 feet: or 15 feet for a front swing garage
L_ Side !haling, Line 5 feet, or Oil 0 or I's) feet with a 10 foot minimum
between buildings
h. Rear Baiikd ing Lune 10 feet
i. Maximum Building height 35 teet
.j. Maximum Lot Coverage 65%
k. Minimum House Size 2,500 s.l:
Exterior Materials: 80%Masonry: all siding shall be of a cementitious material.
Roof Materilts: Minimum 24(1 lb. dimensional shingle_
Minimum Roof Pitch: Minimum of a 10:12 roof pitch.
Garage Standard: Minimum of a two car garage, with enhanced decorative doors.
Fencing: A minimum 6' msonry screen wall will be built along the Ii)
Lockett frontage, and adjacent to each entry.
Exhibit C - Statement of Planning Objectives (Continued)
Wood fencing between lots is permitted. 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 mason1y. All
lot boundaries along Common Open Space areas shall be open
style !mesa=g= of Decorative Metal, andior Masonry.
Where lots back to existing the existing residential lots in Reatta
Place, we have agreed to construct a new 8'Cedar Fence on
metal poles. Where open space lots border adjacent properties,
either the existing fence will he nbiatained, or a Decorative
Metal or Wooden fence will be installed, as per the I'emcir
Plan.
Streetscape Standards: Minimum of two (2)three-inch (3") caliper tree per each front
yard of all lots, and two (2) three inch (3") caliper trees per each
rear yard of lots backing to the eastern boundary (credit toward
this requirement for preserving existing trees will be given).
Fully landscaped and spriaklered front and rear yard within sixty
days of completing a house.
Front Yard Maintenance: The open space lots within the subdivision shall be maintained
in a consistent, unitbrrn manner by the heron Pond
Homeowners Association through dues collected from the
individual homeowners. Membership in the Homeowner's
Association will be imndatorv.
Street fksira Standards:
Right of Way: Forty feet (40')
Travel Zane Width: Thirty-one boot (31'), back of curb to back of curb
Turning Radii: Twenty feet (20')
Open Space Standards: The Common Open Space shall be either left nattu'al (where
disturbance and irrigation may harm emoting trees)or holly
landscaped and irrigated with a combination of trees and
shrubbery pursuant to an approved landscape plan. The
Common Open Space shall be owned and operated by the I heron
Pond Homeowners Association which shall have a mandatory
membership of homeowners and shall collect dues in
amounts satisfiactory 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.
Siana=ge: A monaualnt ;ram identifying the subdivision shall be built at the
entries from ID Lockett andlor incorporated into the nrsonry
wall adjacent to that entry'. All street and stop signs, and light
standards shall decorative.
Exhibit D - Conceptual Site Plan
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