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HomeMy WebLinkAboutOrdinances (O-04-1442)-02/17/2004 ORDINANCE 0-04-1442 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 8.78 ACRES OF LAND OUT OF THE NANCY B. LOONEY SURVEY, ABSTRACT 937, FROM THE CC1 VILLAGE RETAIL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Gary Cantrell on December 15, 2003, under Case No. Z-04-003; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the CC1 Village Retail district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-04-1442 Page 2 of 5 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Rear Building Line 6,600 square feet 60 feet 11 0 feet 20 feet 5 feet 1 0 feet 20 feet adjacent to Pecan Park Estates b. The maximum number of single family lots allowed within this development shall be thirty-two (32) lots. 4. Dwellina Unit Construction ReQuirements a. The minimum dwelling unit size shall be two thousand five hundred (2,500) square feet. At least two thousand three hundred (2,300) square feet shall be located on the first floor of the dwelling unit. b. The exterior wall surface area of each dwelling unit shall be constructed of ninety percent (90%) brick, stone, stucco or other masonry material. The area of window and door openings shall not be included in the calculation of this requirement. This requirement shall only apply to the first story of the structu re. c. The front elevation wall surface area of the dwelling unit shall not be constructed of siding or non-masonry material. d. The primary roof of the dwelling unit shall be constructed with a roof pitch of not less than an 8:12 pitch. Ordinance 0-04-1442 Page 3 of 5 e. All chimneys shall be constructed of brick, stone, stucco or other masonry material. f. Not more than sixty percent (60%) of the garage doors shall face the street, unless the garage door is set back a minimum of thirty (30) feet from the front building line. Garage doors shall be constructed of wood or wood-faced steel. 5. OPEN SPACE a. The PUD-R area shall provide a minimum of 6,6-percent of the residential project area as common open space on-site 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. b. The common open space may be utilized for storm water detention purposes. 6. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. c. As a condition of final plat approval, the developer shall obtain the written approval of the Grapevine-Colleyville Independent School District to dedicate a fire lane easement as a separate instrument to be filed in the Tarrant County Deed Records. The fire lane easement shall not be less than twenty-four feet in width. The fire lane shall serve as a secondary emergency access to the development and connect with a public right-of- way. The location of the fire lane shall be acceptable to the Colleyville Fire Marshal. Prior to the issuance of any building permits for the development, the developer shall construct the fire lane to the minimum standards contained in the Colleyville Land Development Code. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-1442 Page 4 of 5 7. SIDEWALKS AND TRAILS a. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be in accordance with the requirements of the Colleyville Land Development Code. b. Walkways, located in a front or side yard which connect to a public sidewalk shall be constructed with an exposed aggregate surface. 8. SCREENING a. The developer shall construct a six (6) foot tall masonry fence along the southern property line and those property lines as shown in Exhibit "0". The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowners association shall maintain the fence. b. The developer shall construct a six (6) foot tall wrought iron (or comparable decorative metal) fence along the western property line as shown in Exhibit "0". 9. OTHER a. Decorative pavers shall be used at the crosswalk located at the entrance of the development. b. All mailboxes shall be masonry construction. c. The developer shall submit a landscape plan for the open space areas for the consideration and approval of the City Council. d. The developer shall install decorative street lights and street signage, which shall be maintained by the homeowner's association of the development. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an Ordinance 0-04-1442 Page 5 of 5 alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the J 1tD( day of ~~ ~ J- 2004. The second reading and public hearing being conducted on the /7 ~ day of t.~~.I/J:J2004. ATTEST: 71-~ Cynthia Singleton, TR City Secretary R ss . oster City Attorney EXHIBIT A - ZONING MAP AG AG Zoning Map - Z04003 EXHIBIT B - METES AND BOUNDS DESCRIPTION A portion of that 9.572 acre tract out of the Nancy B. Looney Survey, Abstract No. 937, Tarrant County, Texas, being all of that 11.775 acre tract described in the Warranty Deed from James D. Burton and Maritha Burton to The Burton Family Partnership, recorded in Volume 9571, Page 2283, Deed Records, Tarrant County, Texas, save and except that 2.183 acre tract described in the Warranty Deed from James D. Burton and Maritha Burton Revocable Family Trust to Pro-Co Paint and Body, Inc., recorded in Volume 11860, Page 835, of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a found %-inch steel rod at the southwest corner of said 11.775 acre tract, being by deed call, North, 1703.5 feet North 89 degrees 42 minutes East, 1461.5 feet; and North 500.0 feet from the southwest corner of said Looney Survey; THENCE North 00 degrees 21 minutes 14 seconds East along the west line of said 11.775 acre tract, 452.93 feet to a set %-inch steel rod at the northwest corner thereof, said point also being in the south line of Block 2 of Pecan Park" Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Volume 388-216, Page 97, Plat Records, Tarrant County, Texas; THENCE South 89 degrees 17 minutes 13 seconds East along the north line of said 11.775 acre tract and the south line of said Pecan Park " Addition, 90.23 feet to a found %-inch steel pipe at the southeast corner of said Pecan Park " addition and the southwest corner of Pecan Park Estates, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Volume 388-129, Page 69, of said Plat Records; THENCE South 89 degrees 40 minutes 45 seconds East along the north line of said 11.775-acre tract and the south line of said Pecan Park Estates 720.37 feet to a set %-inch steel rod at the northwest corner of said 2.183-acre tract; THENCE South 00 degrees 19 minutes 15 seconds West along the west line of said 2.183-acre tract, 244.00 feet to a set %-inch steel rod at the southwest corner thereof; THENCE along the south line of said 2.183-acre tract, the following two calls: South 89 degrees 40 minutes 45 seconds East, 125.54 feet to a set %-inch steel rod; South 89 degrees 56 minutes 00 seconds East, 192.95 feet to a set %-inch steel rod at the southeast corner thereof in the east line of said 11.775 acre tract and in the west right-of-way line of Colleyville Boulevard (State Highway No. 26); THENCE South 30 degrees 21 minutes 00 seconds West, 233.44 feet to a set %- inch steel rod at the southeast corner of said 11.775-acre tract; METES AND BOUNDS DESCRIPTION (continued) THENCE South 30 degrees 21 minutes 00 seconds West along the east line of said 11.775-acre tract and said west right-of-way line of Colleyville Boulevard, 93.44 feet to a point; THENCE South 89 degrees 55 minutes 18 seconds West, 206.75 feet to the beginning of a tangent curve to the left, with a central angle of 13 degrees 17 minutes 34 seconds, a radius of 200.00 feet, a tangent length of 23.30 feet, and a long chord which bears South 83 degrees 16 minutes 31 seconds West, 46.30 feet; THENCE an arc length of 46.40 feet to a point; THENCE South 89 degrees 55 minutes 18 seconds West, 28.19 feet to a point; THENCE South 00 degrees 04 minutes 42 seconds East, 110.00 feet to a point; THENCE South 89 degrees 55 minutes 18 seconds West, 756.54 feet to the POINT OF BEGINNING and containing 8.782 acres of land, more or less. EXHIBIT C - CONCEPTUAL SITE PLAN ~ ~ POND:J:ROSA ~rRE8T ---- UlrlJ Y ./ \I JAlleS HeBeRle / VOL. 44'1 PAce lrJIffD: It; AHDRe" J. CALD"eLL SURVey. A'STRACT H O. J J , ---:01 'I ADD ~ A G ( LOT 21 I: 201' A 1 K Ulr.'; r J~01 f', wr 17 VDLUII'e J,,- 120. / ZOItl1J: cc "" 0 co' ""0, PAce 'J~ / / ... ~ ~ t. -----. ~ ~ ~ lji~~ Q ~ 0# ~u ~u ~e~ ~~ ~~ ~u ~v ~u " SI. , - - - -PRt\DO$lDZs'FiriM- - - J:. - - - ~-;..;; - - - - - "- '. - - NANCr T Looicy-SUR VCr. ;,.-s TRACT - 110--'- --,-; 1/ '\. _ _ _ _ _-j ,_r.I~ I ' / r- - - - - - ...; ~ GRAPfVINf r.n",rVlllf / (' n EXHIBIT D MASONRY SCREENING WALL & WROUGHT IRON FENCE LOCATIONS POND.:!ROSA ~rREET ---- /< UK1S Y .j \I JAIIE'S HE'BE'RZE' lDT1. I VOL. 4481. PACE' 1.ONED: NI ANORfft J. CAlOftE'LL SURVE'Y. ABSrRACr NO. JJ1 ~ortl A 00. 'AGE '7 LDr 21 T wr-;;;-l wr " ~ 181 " La A H P A K E'S r A. r E' S . I VOLVItE' J88-f20. PACE' 8' : ----- L;-;;-/ ~\ LDr 1~ 1,G SF. '.eu:' 1.. V. JAJ ai, ~ .. ~ 11 /)~ ~ ~ cq I - - - ~2s'7irL<<- - - =r- - -i;;"'~~-----""" I ,.- - "NANCY s: LOONEY-SUR VCY. AB-5 TRA'CT - NO-:- -,"31; "_ _ _ __ r~ I ( I r- - - - - - -.; !!~ G R A,' P C v , N r r. () I , ,. y V / I I r I (' n I