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HomeMy WebLinkAboutOrdinances (O-14-1944)-12/16/2014 WITHDRAWN BY APPLICANT DECEMBER 16, 2014 ORDINANCE 0-14-1944 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 2.62 ACRES IN THE G.W. MINTER SURVEY, ABSTRACT 1034, LOCATED AT 5017, 5113 AND 5201 ROBERTS ROAD FROM THE AG-AGRICULTURAL ZONING 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. ZC14-025; 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 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 Ordinance 0-14-1944 Page 2 of 5 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 2.62 acres in the G.W. Minter Survey, Abstract 1034, located at 5017, 5113 and 5201 Roberts Road from the AG-Agricultural 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 12 detached dwelling units, constructed at a gross maximum density of 4.5 dwelling units per acre. 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", Development Plan, which shall not be considered the Ordinance 0-14-1944 Page 3 of 5 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 combination preliminary/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 b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size: 5,088 square feet b. Minimum Lot Depth: 101 feet c. Minimum Lot Width: 50 feet d. Front Building Line: 20 feet e. Side Building Line: 5 feet f. Rear Building Line: 20 feet g. Maximum Lot Coverage: 50 percent h. Maximum Building Height: 30 feet 5. OPEN SPACE AND LANDSCAPING a. This development shall provide a minimum of 11.9 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 Ordinance 0-14-1944 Page 4 of 5 areas shall be landscaped and maintained by the Homeowner's Association (HOA). b. A minimum of two, three (3) inch caliper trees and four ornamental trees shall be planted in each open space lot along Roberts Road by the developer, prior to the final acceptance of the subdivision. 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. 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 2nd day of December 2014. Ordinance 0-14-1944 Page 5 of 5 The second reading and public hearing being conducted on the 16th day of December 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: atthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map ,`�(s 5303 5300 5207 5008 Ad 5206 ` Stitt rci?ro{�erty i= ' r. 11A1. i iAiei :gil %i 4 5117 — ®514. k�T� ...IL 5112 ( i t 514 I &Sr/ r "'"""� T 5113 ( 5201 1�14 32 it ` 5114 O� 1 Trea4Kiln4 5123MI 5132 5136 , (� r 5108 / 5109 _ 2 t 51 ik, r` , ii:. 521 � jo Egn 5106 Iwidan et 5145 5105 5113 MUQ4 c S vpig "31 5100 tnig 70 u. t }++ 5101 t�ra�il}}!,.' �Il,#��� t c ►1' 4 it!, 5016 Q i'3i. S e g s 5041 it!, St II 5417 5058 l -.c. t t,t 5017 t �t. 5049 ` 4 SC 5012 5013 ^-r 5424 5/'� t� '! t^ 5049 j "�" 34 50081 PUD-R 5020 _t 8 5008 5009 - 5052` 5057 t?77 f�1 i OS �yiOR AIM. ipOS' 5013 5056 506 ! ` I 5004 5005 }e 374& '" '' 5009 ill, tt: ft 11 � t. 0 scmo 5000 s CA 4 5 1 1 4061 t C SSW Exhibit B - Legal Description LEGAL DESCRIPTION Being a 114,285 square foot(2.62 acre)parcel of unpiatted land situated in the G.Minter Survey,Abstract Number 1034,and being all portions of three tracts of property,said tracts being Tract 7C,a tract of land conveyed to Ted Scribner and wife,Deana Scribner by Warranty Deed recorded in Volume 5564,Page 899,Deed Records,Tarrant County,Texas,Tract 7C3 being a tract of land conveyed to James Gary Lecocq by General Warranty Deed recorded in Instrument Number 0203104559,Deed Records,Tarrant County,Texas and Tract 7C2 being a tract of land conveyed to Kenneth W.Sauer by Special Warranty Deed recorded in Instrument Number D211194190,Deed Records,Tarrant County,Texas,said 114,285 square foot parcel being more particularly described as follows: BEGINNING at a 1/2"iron rod found at the northeast corner of Tract 7C,said point being at the most westerly northwest corner of a tract of land described in the Final Plat of Heritage Oaks,as recorded in Cabinet A,Slide 11703,Plat Records,Tarrant County,Texas,said point also being in the south line of a tract of land conveyed to Thomas A.Arnold by Special Warranty Deed recorded in Instrument Number D203464501,Deed Records,Tarrant County,Texas; THENCE S00°48'20"E,departing the south line of said Arnold tract along the east line of Tract 7C and the west line of said Heritage Oaks tract,passing at 186.18'an established point at the southeast corner of Tract 7C,said point also being the northeast corner of Tract 7C3,in all a distance of 304.48'to a 112"iron rod found in the west line of said Heritage Oaks,said point being in the east line of Tract 7C3; THENCE S00°33'05"E continuing along the west line of said Heritage Oaks tract and the east line of Tract 7C3,passing at 168.98'an established point at the southeast corner of Tract 7C3, said point also being the northeast corner of Tract 7C2,in all a distance of 456.18'to a 1/2"iron rod found at the southeast corner of Tract 7C2 and the most westerly southwest corner of said Heritage Oaks tract,said point being in the north line of a tract of land described in the Minor Plat of Lot 1,Block 1,Pleasant Glade Baptist Church Addition,an addition to the City of Colleyville,Tarrant County,Texas recorded in Cabinet A,Slide 7691,Plat Records,Tarrant County,Texas; THENCE S88°30`45"W a distance of 151.69'along the common line between Tract 3 and said Pleasant Glade tract to a 1"iron pipe found at the southwest corner of Tract 7C2,said point being in the north line of said Pleasant Glade tract; THENCE N0O°48`42"W,departing the north line of said Pleasant Glade tract along the west line of Tract 7C2,passing at 289.10'an established point at the northwest corner of Tract 7C2,said point also being the southwest corner of Tract 7C3,in all a distance of 573.23'to an established point at the northwest corner of Tract 7C3; THENCE N88°45'52"E along the north line of Tract 7C3 a distance of 7.78'to an established point at the southwest corner of Tract 7C; THENCE N00°53'08"E departing the north line of Tract 7C3 a distance of 186.18'along the west line of Tract 7C to a 1/2'iron rod found for corner at the northwest corner of Tract 7C,said point being at the southwest corner of said Arnold tract; THENCE N88°45'52"E a distance of 144.90'along the common line between said Arnold tract and Tract 7C to the POINT OF BEGINNING,containing 114,285 square feet or 2.62 acres of land. Exhibit C - Statement of Planning Objectives STATEMENT OF PLANNING OBJECTIVES The site that is the subject of this change of zoning request consists of three tracts with separate ownership totaling 2.66+acres. The present owners of the tracts are senior citizens and,due to changes in their lives,are seeking a way to turn the value of their home sites into more liquid assets that give them more flexible options for their future. The existing homes are from a time,style and condition that results in a market value that is very limited today. The existing houses and appurtenances exhibit limited opportunity for refurbishing of the entire sites or remodeling of the individual home sites. The new construction near this site has been categorized as greater development densities with new and larger residences being built on smaller lots with added amenities. This overall site,and others nearby,are styled as a transitional zone between similar developments to the north,south and east bordering commercial and retail developments fronting on Highway 121 and other established PUD-R zoning to the west. Roberts Road is experiencing a steady increase in traffic volume between Hall Johnson and Glade roads. It is depicted on the thoroughfare plan as a Collector Road and needs to be reconstructed as such. These three tracts have an overall shape of 760.66 feet north and south and a useable east west dimension of 121.67 feet after the dedication of 30 feet of right of way for'Roberts Road. Since Roberts Road will be a collector street,no lots can front on it. Consequently,the plan herein submitted is the only plan that works considering the limitations posed by adjoining recent residential developments,the needed improvements to Roberts Road and the remaining shape of the residual of the said three individually owned tracts. The overall development of the twelve lots will be for zero lot line use with six common area lots that present many opportunities for attractive uses,which will also be a landscaped buffer from the future Roberts Road collector street. DEVELOPMENT SCHEDULE The following is a time related scheduling of events from: Zoning Changes September 19,2014—December 16,2014 Preliminary Plat October 17,2014—January 20,2015 Construction Plans production January—February 2015 Final Plat preparation submittal and filing in Tarrant County Deed Records Let contract for construction March 2015 Construction Period for wet utilities,grading,drainage,paving and dry utilities March July 2015 Final construction and release lots to builders August 2015 .r, Exhibit D - Development Plan r , 14407 , a , I, A i . IA, li f" A '°111011111 COM i[ r = _ .9 t � - - . i 14 I, 1 ji�israirsVi Imi. F iii fnti I• ,, , , ,___ ,__1 4 7- 777; -741` 4101. .. 1.,, ,,,. .' arew0w r Tract 773 i 4 1 i , 1 . a -Ir I t 71-. i.a 1 IL! L!W I 1 �# TradXC2 I own ii . "/N.115W1M17/ICT'1i' 1 I isiot I seroenrw ZONED COMBigM.