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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 Ordinance 0-13-1864 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 Ordinance 0-13-1864 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. Ordinance 0-13-1864 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. Ordinance 0-13-1864 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