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Home My WebLink AboutOrdinances (O-06-1563)-02/07/2006 ORDINANCE 0-06-1563 N ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND HANGING THE ZONING OF APPROXIMATELY 15.76 ACRES OUT OF THE R. H. McEWING SURVEY, A-1154, FROM THE CC2-SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION HEREAS, an application for a zoning change was filed by Raman Chandler on April 15, 2005, under Case No. Z-05-013; 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 and 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, 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 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. Ordinance 0-06-1563 Page 2 of 5 OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS: eC.1. ec.2. Sec. 3. Sec. 4. 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. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 15.76 acre parcel of land situated in the R. H. McEwing Survey, Abstract 1154, from the CC2 Shopping Center zoning district to the PUD-R Planned Unit Development Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. 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, constructed at an approximate density of 3.6 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. 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 PUD-R. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space Ordinance 0-06-1563 Page 3 of 5 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line adj. to greenbelt h. Rear Building Line interior lots i. Maximum Lot Coverage 6,177 square feet 7,383 square feet 55 feet 111 feet 1 5 feet 5 feet 5 feet 15 feet 60% 5. OPEN SPACE a. This development shall provide a minimum of 20% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. A twenty-five (25) foot wide greenbelt area shall be provided at the time of platting along the northern boundary of this PUD-R. Said greenbelt shall be landscaped and contain one-three inch caliper tree per fifty (50) feet of street frontage along McDonwell School Road. c. The open space areas on the southern part of this PUD may be utilized for storm water detention. d. The open space contained in street medians and islands shall not be included in the calculations for open space. 6. SCREENING a. An eight (8) foot tall masonry screening wall shall be constructed along the south and east boundary line of this PUD-R, as shown on Exhibit "C", which shall connect with the masonry screening wall in the adjacent Rosewood Villas Addition. b. A six (6) foot tall wrought iron fence shall be constructed along the southern boundary line of this PUD-R, as shown on Exhibit "C". C. A masonry screening wall shall be constructed along the northern boundary line of this PUD-R, as shown on Exhibit "C". Said screening wall shall not exceed eight (8) feet in height. d. A live landscape screen shall be planted along the western boundary line of this PUD-R, as shown on Exhibit "C". Said landscape screen to achieve a six (6) foot height within three years of planting. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-1563 Page 4 of 5 7. SIDEWALKS AND PATHWAYS a. The developer shall construct five (5) foot wide pathways within the southern open space area, as shown on Exhibit "C". Said pathways may be constructed of crushed granite or similar materials. b. Sidewalks along lot frontages shall be constructed by each homebuilder. Sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. PRIVATE STREETS a. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. 9. OTHER a. The minimum square footage for all houses in this PUD-R shall not be less than two-thousand (2,000) square feet. b. Retention ponds constructed in this development shall contain not less than one aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the Colleyville Engineering Department. 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. 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. 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. 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. 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 Ordinance 0-06-1563 Page 5 of 5 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 ~/a./72U 0?j 2006. The second reading and public hearing being conducted on the tu'-<vt.lLtl5- 2006. /7' >-~ day of 1 'r,{ day of ATTEST: CITY OF COLLEYVILLE ./ DENIED FEBRUARY 7,2006. / Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: 1/ Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map - (') .... - - ---C r; n'. II-. ::i 'l-~ l~ U - - - "-1 ;(.;- - - - - CC-2 0-01-1'1'5 6..n ,.. I :tl \",j c~-- I fl \ ~I cr ~' ~ l "\ ~ .l71J ~ ~ T rt r · . rei - :1.1. ~ I- ~ 2: ~ ~ .., . - , A r::~~ ,~n ii .lIr 'T D. \, I I' C1 - ~ ~t~~ I- _4'- ~ ,I~- ",I "~"rl 10.. ~ I-- ~"" .. . . .. ~l ~ ~r .1i~t= l ~ 0-01-1286 E ~I /~ IiY ~~~j 'N. I~ ~ .-. - C 'r - - , /.. C-~~ I 1~-40 MUSTJ Exhibit B - Metes and Bounds Description Metes and Bounds Description 15.76 Acres R. H. McEwing SlD"Vey, A -1154 City of Colleyville, 'rarrant County, Texas BEING a tract ofland located in the R. H. McEwing Survey, Abstract No. 1154, in the City of Colleyville, Tarrant County, Texas, being all oflms 1 and 2, Block A. Reed Subdivision, an Addition to the City of Colleyville as recorded in Volume 388~145, Page 68, Plat Records Tarrant County Texas (pRTCT), and being all of those two parcels described by deed to Raman Chandler as recorded in Volume 14930, Page 124 and Volume 14930, Page 126, and part of that parcel described by deed to Raman Chandler recorded in Instrutncnt No. 0201041905, all of the Deed Records Tarrant County Texas (DRTCI'), and being more particularly described by metes and bounds as follows (bearings referenced to the northerly line of said parcels, called North 89<'43'15" East): BEGINNING at the northwest corner of said Lot 2, Block A. Reed Subdivision, generally m the center of McOonwell School Road (County Road 3105); THENCE North 89043' IS" East generally with said road, a distance of 628.92 feet to a point for comer; THENCE North 89042'11" East continuing with said road, a distance of 89.70 feet to a point for comer; THENCE South 00036'38" East, a distance of 821.48 feet to the northeast comer of that parcel described by deed to Global Tower, LLC as recorded in instrument No. 0204255523. ORTCf; THENCE with the north and west lines of said parcel as follows: North 89051 '23" West, a distance of 100.00 feet to a point for comer; South 00006'30" West, a distance of 150.11 feet to a the southwest comer of said parcel; THENCE North 89053'30" West, a distance of 179.50 feet to a point for comer; THENCE North 89044'55" West, a distance of224.85 feet to a point for comer; THENCE North.890S1 '25" West, a distance of 224.34 feet to a point for the southwest comer of the aforesaid Lot 2; THENCE North 00005'43" East with the west line of said Lot, a distance of965.88 feet to the POINT OF BEGINNING and containing 15.76 acres of land. Exhibit C -Conceptual Site Plan aYOH :JlNn .L:>NI:>:JlHd ~nJI 'l/:::~ fj~~t i I i! ;UII ~~fl i~..~ -if 8 f ar If It i .. I I t " Ii if ibilllli it;!'cl. -- -..,. -:..,::..,.......-. La MallON --- --..- ~~~ ,,-~..;.. ..'It ~~.~~~L.~~ 1.1 1.1 .. .. ts. '05