HomeMy WebLinkAboutOrdinances (O-13-1864)-05/03/2013ORDINANCE 0-13-1864
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP
AND CHANGING THE ZONING ON 2.99 ACRES IN THE D.R. TEETER
SURVEY, ABSTRACT NO. 1518 AND THE S.C.H. WILTON SURVEY,
ABSTRACT NO. 1732, CITY OF COLLEYVILLE, TEXAS LOCATED AT
2501 CHEEK-SPARGER ROAD FROM THE AG -AGRICULTURAL 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,
WHEREAS,
the City of Colleyville has received an application for a rezoning
under Case No. ZC12-029; and
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
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Page 2 of 6
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 2.99 acres on the D.R. Teeter Survey,
Abstract No. 1518 and the S.C.H. Wilton Survey, Abstract No.
1732 located at 2501 Cheek-Sparger 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 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 detached dwelling units, constructed at a
gross maximum density of 3.4 dwelling units per acre.
b. This development shall be generally consistent with the
Statement of Planning Objectives, Exhibit "C".
c. The proposed development is subject to all the regulations
contained in the Land Development Code, except as
amended by this Ordinance.
Ordinance 0-13-1864
Page 3 of 6
2. DEVELOPMENT PLAN AND PLATTING
a. The development shall be generally consistent with the
conceptual site plan, Exhibit "D", which shall not be
considered the preliminary plat. The actual street and lot
arrangement may differ from that shown on the conceptual
site plan to accommodate topographic, drainage, or other
conditions.
b. The developer shall submit and receive approval from the
City, a preliminary and final plat, approved as a single
phase, in accordance with the requirements of the Land
Development Code prior to development of this PUDR.
3. PERMITTED USES
a. Single-family residences, detached
b. Common open space areas
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
a. Residential lot requirements and setbacks shall comply with
the following provisions:
1. The minimum lot width shall be 55 feet.
2. The minimum lot size shall be 5,890 square feet, with
and average lot size of 8,200 square feet.
3. The minimum lot depth shall be 110 feet, except for
lots which front the cul-de-sac.
4. Front Yard Setbacks:
a. For lots that have a J -Swing garage: 10 feet
b. For lots that have a front entry garage: 20 feet
5. Minimum Rear Yard Setbacks:
a. For lots 1-5 and 9-10: 10 feet
b. For lots 6, 7, and 8: 25 feet
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Page 4 of 6
6. Minimum Side Yard Setbacks: 5 feet
a. For lots 1-5: 5 feet and 5 feet
b. For lot 6: 5 feet and 11 feet
c. For lot 7: 7 feet and 11 feet
d. For lot 8: 7 feet and 9 feet
e. For lots 9 and 10: 5 feet and 10 feet
7. Maximum Lot coverage: 65 percent
5. RESIDENTIAL DESIGN REQUIREMENTS
The following requirements shall apply to all homes constructed
in this development:
a. Two-story homes shall have rooms constructed in the front
half of the homes only, with a graduated roof pitch down to
the rear facing elevation. Two-story homes shall have no
windows, balconies, or verandas on the second floor of the
rear facing elevation. There shall be no side facing second
story windows on the north side of lot 9 and the east side
of lot 8.
b. Masonry: The exterior wall of all homes shall be composed
of 100 percent masonry materials. Approved masonry
materials shall adhere to the masonry materials allowed in
Chapter 6 of the Land Development Code.
6. OPEN SPACE
a. This development shall provide a minimum of 20 percent
common open space, which shall be configured as shown
on Exhibit "D". The open space shall, at a minimum,
contain a water fountain and a pergola. All open space
areas shall be landscaped and maintained by the HOA.
b. There shall be no retention or detention within the open
space.
7. RESIDENTIAL DENSITY REOUIREMENTS
a. Residential density shall not exceed 3.4 dwelling units per
acre.
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Page 5 of 6
8. SCREENING AND TREES
a. A new six (6) foot decorative concrete panel fence shall be
constructed along the western boundary to replace the
existing masonry wall.
b. A new eight (8) foot decorative concrete panel fence shall
be constructed along the northern and eastern boundary
lines of the parcel and shall replace the existing wall.
c. A variable height screening fence, constructed of a
combination of brick, stone, and wrought iron shall be
constructed along the south portion of the property
adjacent to Cheek-Sparger Road. The fence shall meet the
transparency requirements for front yard fences in the
Land Development Code. The screening will be continuous
along the boundary with the exception of the entry road
right-of-way. Landscaping shall be installed along the front
of the new screening wall. Maintenance of the wood fence,
masonry fence and landscaping shall be the responsibility
of the HOA.
d. A minimum of two, three (3) inch caliper trees shall be
planted on each lot within the rear building setback at the
time of new home construction.
e. A minimum of 23 evergreen trees shall be planted along
the north and east boundary of the development where
there are existing gaps in tree cover.
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.
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Page 6 of 6
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 19th day of
February 2013.
The second reading and public hearing being conducted on the 5th day of
March 2013.
PASSED AND APPROVW by the CitXf Council of the City of Colleyville,
Texas, on this the 3- day of In r 2013.
ATTEST:
Amyhelley
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
David Kelly
Mayor
Exhibit "A"
Exhibit B - Legal Description
FIELD NOTES to that certain tract situated in the D. Teeter Survey, Abstract No. 1518 and SC11 Witten
Survey, Abstract No. 1732, city of Colleyville, 'Tarrant County. Texas, being the same tract described in
the deed to The Gary Prom Roth IRA (First Stole Bank, 7husree) recorded under Instrument No.
D212189457 of the Official Public Records of Tarrant County, Texas; the subject tract being more
particularly described by metes & bounds as follows:
BEGIA'NING at n 1/2 lrrh rebar found the most southerly common corner ofS'fning Garden Addition
and The 1111: of Central Park recorded in Cabinet A, Slide 4985 &Cabinet A, Slide 94,
respectively, of the Plat Records of Tarrant County, Texas, said corner being the
southwest corner of Lot 14, Block 1 of said The Hills 4Centro7 Park;
THENCE North 90 Degrees 00 Minutes 00 Seconds Last (bearing basis), with the perimeter of The
Hills of Centro) Park, a distance of 300,00 feet to a 5/8 inch rehar found at a reentrant
corner of The Il/Rs of Central Pork;
THENCE South 00 Degrees 09 Minutes 00 Seconds East, continuing with the perimeter of Hie
Hills of Central Park, passing a 5/8 inch mbar found at the southwest eomer of Lot 18,
Block 1 of The Kills of -Central Park, a total distance of 472.00 feet to the most southerly
southwest corner of The Hills a f Ccorral Park,
THENCE North 90 Degrees 00. Minutes 00 Seconds West, a distanen of300.00 feet to the
southwest comer of the said Spring Garden Addition;
THENCE North 00 Degrees 00 Minutes 00 Seconds East, with the east line of Spring Garden
Addition, a distance of 472.00 feet retooling to the Place of Beginning and enclosing
3.251 acres (141,600+ square feet).
Exhibit C - Statement of Planning Objectives
Febmary 20, 2013
Ivy Glen Estates
2501 Cheek Sparger Road
Collevville- Texas
PUD -R Single Family — 10 lots
Zoning Change Application Request
Statement of Planning Objectives
1. GENERAL
a. The purpose of PUDR is for a single-family residential development of detached
dwelling wits,constructed ata gross maximum density of 3.4 dwelling units per acre.
b. This property is subject to all the regulations contained in the Colleyvitle Land
Development Code, except where amended by this Ordinance.
2. CONCEPTUAL PLAN AND PLATTING
a The street layout and arrangement of lots of thesubdivision shall be generally
consistent with the Conceptual Site Plan.
lr. The developer shall submit and receive approval from the City a Preliminary and Final
Plat in accordance with the requirements of the Land Development Code prior to
development of this PUDR.
3. PERMITTED USES
a_ Single-family residences, detached
b. Conunon open space meas
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Single-family detached residential lot requirements and setbacks shall comply with the following
provisions. Building line setbacks established by the Conceptual Site Plan shalt control where
such building line setback is different from the following requirements.
a. ;vfhinmun Lot Size 5,890sfl Average 8,200sf
b. Muumuu Lot Width 55 feet
c. Minimum Lot Depth 110 feet (exception for lot lines on cul-de-sac)
d. Front Building Line 10 feet for 3—Swing Garage (Lots 1-4 Only)120 feet for
Front Fahy
e. Side Building Line 5' minimum
(5' 84 5' tut tots 1-5; 5' & I I' ou lot 6; 7' C t t' on lot?;
T and 9' on lot 8; 5' Sr 10' on lots 9-10)
f Rear Budding Line 10 feet on lois 1-5. 9-10; 25' on lots 6-8
g. Maximum Lot Coverage 65 percent
In. Maximum Height 35 feet
5. OPEN SPACE
a. This development shall provide not less that twenty (20%) percent common open space, which
will generally be configured as shown on the Conceptual Site Plan. All open space areas shalt be
landscaped and maintained tained by= the Homeowners Association -
b. There will be no retention or detention within the open space.
Exhibit C Continued
c. Amenity features such as a water fountain and pergola seating area will be pro'
developer and maintained by the HOA. Playground equipment will not be pemu
conunon open space.
ed by the
1 in the
6. SCREENING
a. A new 6' concrete panel fence will be constntcted along the western boundary to replace the
existing masonry wall. Developer will provide demolition of existing wall along western
boundary.
b. A new 8' concrete panel fence will be constructed along the northern and eastern bounday
lines of the Ivy Glen property. The existing masonry wall sits within the properties of the
respective homeowners in the Hills of Central Park_ The distance of offset ranges from 0-2' from
the property line of by Glen. The developer agrees to demolish the existing walls and fences
along the north and east boundaries, if desired by the individual property owners, at the time of
constriction of the screening fence.
c. A variable height screening fence, constructed of a combination of brick. stone and wrought
iron will be constructed along the south portion of the property adjacent to Cheek Sparger Road.
The screening will be continuous along the bonunday with the exception of entry road right-of-
way. Landscape will be installed along the front of the new screen wall.
7. SIDEWALKS
Sidewalks %rill be constructed in accordance with the requirements of the Colleyville Land
Development Code.
8. OTHER
a. Horses will beboth single and two stony conslnrtion.
b, Two-story homes; also known as one and a half story homes, will have rooms constructed in
the front half of the homes only with a graduated roof pitch down to the rear elevation.
c. For two-story homes there will be no windows, balconies or verandas on the second floor of
the rear elevation. In addition the developer agrees to not constrict side facing second story
windows on the north side of Lot 9 and the east side of Lot 8.
d_ Maintenance of the new screening fences, open space and landscaping will be the
responsibility of the HOA governing the new sub -division.
e. Constnrction times would be limited to City of Codeyville ndes and regulations (Monday —
Saturday 7:00am — 7:00pm).
f Additional tree plantings will occur along the north, east, and west property lines to provide
buffering. Trees will be 3" caliper minimum, a mix of evergreen and deciduous and placed
within the gaps of existing trees to supplement screening.
g. If sidewalk is to be installed along Cheek Sparger Road at the time of construction the
developer will connect to Spring Garden Drive.
In_ Any pools constructed on lots 1-4 will be limited to a maximum size of 9,000 gallons.
i. All imperious roof surfaces will drain to the street.
Exhibit D - Conceptual Site Plan
IvyGlen - Colloyviib,TX
2,913 AC Trod. 10 lob Totoi
febrvmy 20 2013