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HomeMy WebLinkAboutOrdinances (O-06-1559)-03/21/2006 ORDINANCE 0-05-1559 N ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND HANGING THE ZONING OF APPROXIMATELY 3.756 ACRES OUT OF THE S.C. H. ITTEN SURVEY, ABSTRACT 1740, FROM THE AG-AGRICUL TURAL AND R40- SINGLE FAMILY RESIDENTIAL DISTRICTS TO THE PUD-R-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR 10LATIONS AND AUTHORIZING PUBLICATION. HEREAS, an application for a zoning change was filed by JDJR Engineers & Consultants, Inc. on October 28, 2005, under Case No. Z-05-033; 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 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 0-05-1559 Page 2 of 5 OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS: Sec. 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 3.756 acre parcel of land situated in the S.C.H. Witten Survey, Abstract 1740, from the AG-Agricultural and R40-Single Family Residential zoning districts 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 single-family residential development, constructed at an approximate density of 1.86 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. Any off- site public improvements shall be at the expense of the developer, in accordance with the provisions of the Land Development Code. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space Ordinance 0-05-1559 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 Yard Setback g. Rear Yard Setback h. Maximum Lot Coverage 13,564 square feet 16,000 square feet 99 feet 140 feet 30 feet 1 0 feet 1 0 feet 60% 5. OPEN SPACE a. This development shall provide a minimum of 15% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. Two (2) twenty-five (25) foot wide greenbelt areas shall be provided at time of platting along the eastern boundary of this PUD-R. Said greenbelts shall be landscaped and contain one-three inch caliper tree per fifty (50) feet of street frontage along Pool Road. c. The open space areas on the southwestern part of this PUD-R may be utilized for storm water detention. d. The amenities will conform to the Common Area Amenities statement, labeled as Exhibit "D". 6. SIDEWALKS AND PATHWAYS a. 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, 7. OTHER a. The minimum square footage for all houses in this PUD-R shall not be less than four-thousand two hundred (4,200) square feet. b. If a detention pond is constructed in this development, it shall contain a minimum of one (1) aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the City of Colleyville Engineering Department. Sec. 5. Sec. 6. Sec. 7, Sec. 8. Sec. 9. Ordinance 0-05-1559 Page 4 of 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, 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 I 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 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 2005. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: / NO ACTION TAKEN - APPLICANT WITHDREW REQUEST. CITY OF COLLEYVILLE / Cynthia Singleton, TRMC City Secretary David Kelly Mayor Ordinance 0-05-1559 Page 5 of 5 PPROVED AS TO FORM AND LEGALITY: / atthew C. G. Boyle ity Attorney AG 2512 Exhibit A - Zoning and Location Map 5300 AG ~5212 803 280 Exhibit B - Metes and Bounds Description Metes and Bounds Description 3.156 N:;re Tract (Overall Tract) Being, a 3.756 acre tract or paroel of lanel sib.Jated in the S.C.H. Witten SUrvey, Abstract No. 1140, City of Colleyville, Tarrant County, Texas and beitlg a portion of Block 3. Edinburg-Aimericen land MorIgage Company limited Subdivision by plat recorded in Volume 114, Page 240, Deed Records. Tarrant County. Texas" said 3.156 acre tract being al of lhat certain tract conveyed to Earl Gilbert by deed r8COfded in Volume 466Q, Pa.ge 946. Deed Records, Tarrant County, Texas. and also being all of lhat certain tract conveyed to Herbert M, Snider and Oneta Snider by deed recorded in Volume 5922. Page 313, .o.ed. Records, Tarrant County. Texas. SAVe ANO EXCEPT toose portkma conveyed to the City of Colleyville for right of way by deeds reCOfCled In Volume 10122, Page 2149 and Volume 10209. Page 2212, Deed Records. Tarrant County, Texas, said 3.756 acre tract being more particularty described by metes afld bounds as faIlOW'S:. BEGI NN1NG at a 5/8-inch steel rod with plastic cap stamped H JDJRa fiet for comer in t'he west rlg.ht of way line of Pool Road (variabk!t width right of way 35.0 feet to centerline at this point), same point being the$Outheast comer .of the afor€lfl1Qlltioned Snjder Tract; THENCE, South 88 degrees 54 milnutes 04 seconds West along the south IIt19 O. said Snider Tract, at 15,0 feet pass the l1Of1tIeast OOfner or LOll R. ~Cik 1, ~tC,H, Witten Estates Addition. an addition tolhe City of CoIleyville., accorditlg to the p&at recorded in Cabinet A, Slide 2161,F'tat Records, Tarrant County, Texas, aoo continuing along the common line of saki Snider Tract and said lot 1 Ft. a total distance of 491,84 feet to a 518-inc:h steel rod with plastic cap s.tamped ,. JDJR'set for carner In the east line of Lot 1, Black 1, Pleasant Gaade Assembly of God Addition. an addition to the City .of Colleyville. aooordingto the plat recorded in Cabinet A, Slide 179, Plat Records, Tarrant County, Texas. said point being the northwe$t comer of 1ilald l.ot 1 R and also being the southwest comer of said Snider Tract; ThIENCE, North 00 degrees Q6 minutes 48 seoonds West along the common 'jne of said lot 1 and said Snider Tract, at 81.00 feet pass ltle oorthwestoomer of said Snider Tract and also being the southwest comer of the aforemenUoned Gilbert nact, and continu~ngaloog the common line of said Lot 1 and said Gilbert Tract. a total dista~ of 330.16 feet to a 3/8.inch steel rod found for comer In the south line of Lot 1. alock 1;. Pool Road Elementary School Addition. an addition to the City of Colleyville, acoordlng to the plat recorded in Volume 388-201, Page 5, Piat Records, Tarrant County. Tm<a&. saki point being the northeastoomer of said lot 1. Block 1. Pleasant Glade Assembly of God Addition and also being the northWest oomel or said Gilbert Tract; THENCE, North 88 degrees 43 minute6 54 seconds East along the common line at said Lot 1, Bk>ck 1, Pool Road Elementary School Addition and said Gilbert Tract, at 487,39 feet pass the southeast comer of said Lot 1, and continuing along the north line of said Gilbert Tract, a total distance of 499.39 feet 10 a 518. inch steel rod with plastic cap stamped .. JOJR" set for comet' I:n the west right .of way Une of said Pool Road {28.0 feet to centerline at this point); THENCE, along the west tight of way line of said Pool Road the following six courses: South, a dfstance of 74.45 feet to a 3fS-inch steel rod found for corner; W&st a distance of 3.00 feet to a 518-inch steel rod with plastic cap stamped . JDJR'" set for comer, same point being the beginning of a curve to the right having a radius of 665.00 feet. a tangent of 10.58 feet and a long chord that beers South 00 degrees 32 minutes 15 seconds West, a distance of 21.16 feet; Soothwesterty, along said curve to the right. through a central angle of 01 degree 49 minutes 25 seconds. an arc: length of 21.17 feet to a :5I8.inch steel rod with plastic cap stamped .. JDJR" sat for comer; South 01 degree 51 minutes 22 seconds West. a distance of 102.68 feet to a 1/2. inch steal rod found for comer, same point being the beginning of a curve to t.he left having a radius of 735.00 feet. a tangent of 11. T 4 feet and a long chord that bears South 00 degrees 56 minutM 21 seoonds West, a distance of 23.50 feet; Southwesterly, along said curve to the left, Ulroogh a central angle of 01 degree 49 rnclnutes 50 seconds. an are length of 23.50 feet to a 31B.inch steel rod found for comer; South 00 degrees 01 minute 24 seconds East. at 26.20 feet pass a 1/2-inch steel rod found fOf the SQutheast comer of said Gilbert Tract and also being the northeast comer of said Snider Tracl, and continuing for a total distance of 110.06 feet to the PLACE OF BEGINNNG. CONTA.IN1NG a computed area of 163.627 square feet or 3,756 acres 0( Iando mwm ~ ~ a;dl ~ ~ ~ m~:~. ~~~ :,..~!f~ :i g .. ",Zt ~$. l:t... I: GH'I~ii ~ ~ l: .e,~,.~ ";l ~~ ~ilJ ~i;~ 1#1 -li ~, ~H ~ ti ~~'"'~ ~, i:n ~ ;~ ~ j*~ ,. e ~'" =i ~H a 9~ ;~ ~~ ~ ~ ~ jlli~ ~jII a i~l~ i!j~ o ;;tl. N ,- il N ! >od m 1 ~$;S~.; ~, ";~!' ~ il g ~ .. Exhibit C -Conceptual Site Plan ~I ~ j ~ ~ p " ~ i ':rI'<_><XMf/;~"_''''''_''N'' to(l(l'Ofj'J,& 1-- , i i!~. 11'1; Ih~ i I >lO>ll!lV.! . ~. ;; ~ . ~ " . Ii .. I f~~l' r~'ll lit i) :~~ ,~ 'Iil~ l: II~~ il" I .....,1 l~ ..:OtlJ!p.!lt" .,.. ."...1 ~. i, It ii& 10; i~G ~~; A01"l)l;'~W . S 11( &h & II I~' Ii t~" ~ ,t ~ ~1' ~ ~" , I .--.L.-L.-\!_"_L'_,._.....~....U...~ i i l\~ POOL ROAD"~- ; "' -:.......'" _r, i;l ;1 lit ; ~ !~ .. ~ :i' Hi '.'.' l\i 'I HI :1. :1 n; i :j; ;;i :'I.l,' IJ At'" ~1 HIli $j ~~t ;,1 jl tllll 1\' li~ i~ ~~~ Ii :.~i 'I i~ iil ~; "'11; , !. ..1.. i' If ,.' "'Ill "I ,,;1\1, "',' I,', II ~t i i ~f ! !=~ if ~~~ I! I ,!l q iil t.) i ~.:(, ',; fl"! 'j"t J 1 ~ ;~~ _H ;=. n 1 '"E ; i;, 'tf . tl I !{ ;; il i !j H H' ~~ !i '1 t i: ~ ~ H ,~ ~~ ji Ii l I ~l!. IfJ'" 1 'hi 1 jrh "'ff ~ ;t,~ ; Hij ! ;!" liii! i It.t- I !!~l , Ill' 1 !i1j I ~~H ! [.'." 1 "I' Hll ;:il ,k !H~ jJ mm! Jli mUll! !;;t!l! II: I'll!!!! :ljll'l' !lll 'Ii: ltti,i iH! .Jll U":rrt "'t1 .:f ll'~jd Ji! .,1 ! hi\' ,I. ~h , '1"1", III h i1t,;a ! t!l i~ ;-!Pfl II ~ 'I',!!! :1 I"',, !~ III:rl $' illl:' Ii '~!irl 1. \tIc;; l' :;,1'; ,I "'!;; !1 11',11 ,; ,.!J~h tl I ~<<. ~ \ t- fl' i'~ l~ ~1l' i --T--- I ,L..___ ' ,-------:,' t, r Exhibit D -Common Area Amenities Statement CAPITAL CORP ill' RE.AL ESTATE · CONSTRUCTION · INVESTMENTS EMILY PLACE ADDITION Common Area Amenities The addition will feature three Common Areas that will be maintained by the Home Owners Association, We believe that we are providing an abundance of common space in our development plan based on the fact that only &even families will be living on the street The two Common Areas at Poor Road wUl consist of approx 1,000 sf ft. This area 1S planned to have 8 seven foot masonry and stone fence running along Pool Road adjacent to the lots adjoining them to the West. From the fence improvement to Pool Road. which is approx 25' plus. R.O.W., the Common .Area will feature a winding 1 a sidewalk trail. numerous t:r&8S, bouldera and ftoweringhedgea. In addition, thts spnnklered area will feature several areas for seasonal color that wijl be changed out fou'r times per year by the Home Owners Association. The SW Common Area at the end .of the cukie..sac w:ill be the main Park Area for the seven owners, The plan is to provide a park that is a visual asset to the owners PLUS is a useable area for families. Our plan is to provide in this area a depressed detention area for drainage and to make use of this usually dry area with a place for kids to play kickball~ 3435 FIN.LEY RD. TFL: (912) 259-8187 Ul.\i'JNO. TEXAS 75M2 FAX: (972.25g~8161 football and golf putting. A trail system wilt circle that area and will provide the main feature of a waterfall cascading into akoi pond. Two commercial style benches~ a covered area with a Key West I tropical theme with picnic table will also make the area useable. An area wiU be set aside for a possible shuffle board court Four foot high trail lighting will highlight the area, make the area secure but not cause light pOllution that pOle lighting would. All of this nearly 17.000 sf ft Common Area willi be landsca.ped and sprinklered to tie in with the plantings and rock work of the Pool Road Common Areas.