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HomeMy WebLinkAboutOrdinances (O-04-1467)-06/06/2004 ORDINANCE 0-04-1467 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 LOT 4R, BLOCK 1, CENTERPARK ADDITION, FROM THE CC2 SHOPPING CENTER COMMERCIAL 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 Arcadia Realty Corporation on January 19, 2004, under Case No. Z-04-010; 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 as Lot 4R, Block 1, Centerpark Addition, by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "B", 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 0-04-1467 Page 2 of 6 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) Average Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Front Set back to Garage doors facing street (6) Side Building Line (7) Side Setback to street Right-of-Way (8) Rear Building Line 4,500 square feet 5,300 square feet 50 feet 58 feet 15 feet 18 feet 3 feet and 7 feet 1 0 feet 1 0 feet b. The maximum number of single-family lots allowed within this development shall be thirty-six (36) lots. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty (20%) percent of the residential project area as common open space 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. However, storm water detention is not req u ired. c. Street trees will be planted approximately 3 feet behind the back-of-curb. Ordinance 0-04-1467 Page 3 of 6 5. 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 "B", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" 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. 6. SIDEWALKS AND TRAILS a. A five (5)-foot wide sidewalk shall be constructed along the north side of the interior street. Each homebuilder shall construct sidewalks along lot frontages. The developer shall construct the sidewalk along the common open space area. b. The developer shall construct a five (5)-foot wide sidewalk adjacent to Centerpark at the same time building improvements are made on the lot, unless funds are escrowed with the City for future construction of the sidewalk. c. Driveway approaches, driveways, city walks and residence lead walks shall be constructed of exposed aggregate concrete. Driveways may also be constructed using stained pattern stamped concrete, bricks or stone or any combination thereof. 7. FIRE PREVENTION MEASURES a. Zero Wall Construction The Lots are being developed utilizing a Zero-Lot-Line concept. Accordingly, the outside wall on one (1) side of each residential structure to be constructed on a Lot is to be constructed along a line 3 feet (3') inside the property line (the "Zero Wall"). To maximize the use, enjoyment and recreation of each Owner, the Zero Wall, if adjacent to another Home Lot, shall be constructed with no doors or windows (unless required for fire egress) and shall be constructed of predominantly non-combustible materials. Ordinance 0-04-1467 Page 4 of 6 b. Controlled Street Parking Before New Home construction begins, appropriate "No Parking" signage shall be installed and maintained along both sides of streets with less than twenty (20) feet in width as measured from back of curb to back of curb. Appropriate "No Parking" signage shall be installed and maintained along one side of streets with less than thirty (30) feet in width as measured from back of curb to back of curb. 8. HEIGHT RESTRICTIONS a. Lots 26, 27, 28, and 29 abutting Lakewood Estates shall be limited such that no second story windows will be allowed unless they are on the front of the home and face the street. 9. FENCES. WALLS AND SCREENING a. The developer shall construct a six (6) foot tall screening fence along this property's frontage on Centerpark. The fence may be constructed of masonry, ornamental iron, or a combination of the two materials. Ornamental metal fencing will be located to open views of the adjacent open space from Centerpark. The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowners association shall maintain the fence. b. Residence fences facing the street shall be ornamental metal or masonry. c. All air-conditioning equipment, fire wood piles, sanitation facilities or other service facilities must be screened with fences, walls or landscaping, so as not to be generally visible by the public. d. No fence shall be more than six (6) feet tall with the exception of the perimeter fence on the western property line that abuts the commercial property, which may be up to eight (8) feet tall. 10. ARCHITECTURAL FEATURES a. Chimneys - All wood burning fireplace chimneys shall be architecturally compatible with the principal finish material of the exterior walls of the Dwelling Unit. Chimneys of lap siding are Ordinance 0-04-1467 Page 5 of 6 expressly prohibited. b. Garages - All Residences shall have either an attached or detached enclosed two (2) automobile garage. Carports on lots are prohibited. c. Garage Doors - Garage doors shall have wooden exterior surfaces or wooden trimmed to match the dwelling style. Garage doors with metal exterior surfaces shall be prohibited. d. Building Materials - At least ninety percent (90%) of the total exterior area of all Residences, and one hundred (100%) percent of the first story exterior walls which are carried vertically by the foundation, excluding gables, windows, light wells, architectural ornamentation, and door openings shall be of brick, brick veneer, stone or cultured stone veneer, stucco, cement fiber stucco board or other exterior materials of a similar nature that is compatible with the principal finish material of the exterior walls of the dwelling unit. Every garage and accessory building, except a greenhouse, shall correspond in style of architecture and exterior building materials with the dwelling to which it is appurtenant. e. Roof Pitch and Roof Materials - All prominent pitched roofs shall be not less than a 12/12 pitch. This restriction shall not apply if a different roof pitch is required by a particular historical design or style, such as Mediterranean. Dormers, bay windows, rain sheds, etc. that are part of the architectural style may have roof pitches as appropriate. All roofs shall be constructed of 30- year, or greater, premium grade asphalt dimensional shingles, slate, copper, clay tiles, reinforced masonry tiles or other materials as appropriate to the architecture of the home. 11. OTHER SITE FEATURES a. Underground Utilities - Overhead utility wires shall be prohibited in this development. All utility services internal within the development and adjacent to the perimeter of the development shall be buried underground. b. Decorative Sign and Light Poles - The developer shall install decorative street lights and street signage, which shall be maintained by the homeowner's association of the development. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-1467 Page 6 of 6 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 alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /5~ day of ~ 2004. T~ second reading and public hearing being conducted on the ~ >i' day of d ~ 2004. ~~~~ Cynthia Singleton, TRMC City Secretary V D AS TO FORM AND LEGALITY: R ss T. Foster City Attorney EXHIBIT A - ZONING MAP Zoning Map - Z04010 EXHIBIT B - CONCEPTUAL SITE PLAN r -II......... -.1I'Iiw. ".~...... ............. _..WJ'tl/l"l__~~~Q""'" ~a i; I !I Ili d!~1 p~1 " I i ~ ""I II. 1ft 1:- ill ,,1ft i.' ~Ii! !l,l !J Pill II . iir,