HomeMy WebLinkAboutOrdinances (O-06-1567)-03/21/2006
ORDINANCE 0-06-1567
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 22.9 ACRES OUT OF THE G. W.
MINTER SURVEY, A-1034, FROM THE AG-AGRICUL TURAL DISTRICT AND THE
CC1-VILLAGE RETAIL DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-
RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND
AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning change was filed by Mady Development
Corporation on December 16, 2005, under Case No. Z-06-001 ; 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 and
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 0-06-1567
Page 2 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
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
22.9 acre parcel of land situated in the G. W. Mjnter Survey, Abstract
1034, from the AG-Agricultural zoning district and the CC1-Village Retail
zoning district to the PUDR-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 PUDR is for single-family attached town home
residential development, constructed at a maximum density of 5.5
dwelling units per acre.
b. A maximum of 124 dwelling units shall be allowed within this PUDR
and no more than one dwelling unit shall be allowed per each platted
lot.
c. 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 street layout and arrangement of lots of 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 PUDR.
3. PERMITTED USES
a. Single-family attached-homes with no more than one dwelling unit
Ordinance 0-06-1567
Page 3 of 5
allowed per each platted lot
b. Parks and open space
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. Minimum Lot Width
c. Minimum Lot Depth
d. Front Building Line
e. Side Building Line
f. Rear Building Line
g. Maximum Lot Coverage
2,700 square feet
30 feet
90 feet
5 feet
none
3.5 feet
90 percent
5. OPEN SPACE
a. This development shall provide not less than twenty-five (25) percent
common open space, which shall generally be configured as shown on
Exhibit "D". All open space areas shall be landscaped and maintained
by the Homeowner's Association.
b. No more than 25 percent of the open space areas shall be utilized for
storm water detention or retention.
6. SCREENING
a. A wrought iron fence, not exceeding eight (8) feet in height, shall
extend across the northern boundary line of this PUDR, as shown on
Exhibit "D".
b. All boundaries adjacent to another property shall be board-on-board
fence, not exceeding eight (8) feet in height as shown on Exhibit "D",
except for the northern boundary covered in paragraph a. above and
except for the western boundary, which is covered in paragraph c.
below.
c. Adjacent to the western boundary line of this PUDR, as shown on
Exhibit "D", there shall be an eight (8) foot tall stone or masonry
screening wall.
d. Adjacent to street frontages, there shall be either a wrought iron fence,
masonry fence or a combination wrought iron fence with masonry
columns, not exceeding eight (8) feet in height, provided that the fence
may be set back at a location within the open space area adjacent to
Heritage Avenue.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Ordinance 0-06-1567
Page 4 of 5
7. SIDEWALKS AND PATHWAYS
a. The developer shall construct a ten (10) foot wide trail where this
development fronts Glade Road. Said trail shall be situated within a
dedicated trail easement or trail right-of-way. Said trail shall be
constructed in accordance with the requirements of the Colleyville Land
Development Code.
b. Sidewalks shall be constructed adjacent to street frontages 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. 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
zoning classification in order to permit its proper development and in order
Ordinance 0-06-1567
Page 5 of 5
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 _ rwding and public hearing being conducted on the
~aA-~ 2006.
The second reading and public hearing being conducted on the
r:3aAr.1 2006.
ATTEST: ~
t7=;;d~
City Secretary
7~ day of
sr
~/ - day of
CITY OF COLLEYVILLE
iD~MJ-ilf
LJ
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
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Matthew C. G. Boyle
City Attorney
Exhibit A - Zoning and Location Map
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OLD CT
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Exhibit B - Metes and Bounds Description
LEGAL DESCRIPTION
BEING all that tract of land in the City of Colleyville, Tarrant County, Texas, a part of
the G.W. MINTER SURVEY, ABSTRACT No. 1034, and being a part of that 17.609
acre tract ofland conveyed to Annie Orene Rogers as recorded in Volume 4839, Page
726, Tarrant County Deed Records, all of that tract ofland conveyed to Mrs. Annie
Orene Rogers as recorded in Volume 4844, Page 360, Tarrant County Deed Records, all
of those tracts of land conveyed to Bill C. Rogers and Gloria Rogers Revocable Living
Trust as recorded in Volume 14662, Page 237, and Volume 14662, Page 239, Tarrant
County Deed Records, all that tract of land conveyed to Rogers Family Trust as recorded
in Volume 16755, Page 67, Tarrant County Deed Records, all that tract ofland conveyed
to Rogers Marital Trust as recorded in Volume 16755, Page 68, Tarrant County Deed
Records, all of that tract of land conveyed to Lilla Bench as recorded in Volume 3674,
Page 532, Tarrant County Deed Records, all of that 0.318 acre tract of land conveyed to
Brenda Carol Ray as recorded in Volume 12863, Page 124, Tarrant County Deed
Records, all of Lot 2, Block 1, Walgreen Plaza, an addition to the City of Colleyville as
recorded in Cabinet A, Slide 3861, Tarrant County Plat Records, and being further
described as follows:
BEGINNING at a one-half inch iron rod found for comer in the south line of said 17.609
acre tract, said point being the northeast comer of Heritage Family Dentist Addition, an
addition to the City of Colleyville as recorded in Cabinet A, Slide 2999, Tarrant County
Plat Records, said point being in the west line of Heritage Avenue (variable width right-
of-way);
THENCE South 71 degrees 01 minutes 38 seconds W~ 180.41 feet along the south line
of said 17.609 acre tract to a one-half inch iron rod found for comer, said point being the
most northerly northeast comer of said Lot 2, said point being the northwest comer of
. said Heritage Family Dentist Addition;
THENCE along the co1DJJ1on lines of said Lot 2 and said Heritage Family Dentist
Addition as follows:
South 01 degrees 33 minutes 08 seconds East, 59.70 feet to a five-eighths inch
iron rod foUnd for comer;
North 89 degrees 10 minutes 30 seconds EaSt, 171.18 feet to a five-eighths inch
iron rod found for comer, said point being in the west line of Heritage Avenue;
THENCE along the east line of said Lot 2 and along the west line of Heritage A venue as
follows:
South 01 degrees 13 minuteS 21 seconds East, 161..11 feet to a five-eighths inch
iron rod found for comer;
r South 00 degrees 28 minutes 10 seconds East, 189.20 feet to a one-half inch iron
rod found for comer;
Southeasterly, 0.95 feet along a curve to the right having a central angle of 00
degrees 03 minutes 26 seconds, a radius of 950.00 feet, a tangent of 0.47 feet, whos~ECEIVE[
DEe 1 6 200
Per ..~.........
chord bears South 00 degrees 26 minutes 27 seconds East, 0.95 feet to a five-eighths inch
iron rod found for comer, said point being the northeast comer of Lot 1 of said Block 1;
THENCE South 89 degrees 31 minutes 50 seconds West, 307.60 feet to a five-eighths
inch iron rod found at the southwest comer of said Lot 2, said point being the northwest
comer of said Lot 1, said point being in the east line of said Bench tract;
THENCE South 01 degrees 55 minutes 01 secOnds West, at 235.29 feet passing a tree for
comer, said point being the southwest comer of said Walgreen Plaza, in all a total of
265.71 feet to a point at the southeast comer of said Bench tract, said point being in
Glade Road (a prescriptive use right-of-way at this point);
THENCE South 89 degrees 27 minutes 50 seconds West, 155.34 feet along Glade Road
to a point at the southwest comer of said Bench tract from which a one-half inch iron rod
found bears North 05 degrees 55 minutes 20 seconds West, 22.75 feet;
THENCE North 05 degrees 55 minutes 20 seconds West, 560.00 feet to a one-inch iron
pipe found at the northwest comer of said Bench tract, said point being in the south line
of said 17.609 acre tract;
THENCE along the south line of said 17.609 acre tract as follows:
South 71 degrees 32 minutes 26 seconds West, 187.25 feet to a nail found for
comer, said point being the northeast comer of that tract of land conveyed to Ben F. and
Winnolee Goodrum as recorded in Volume 10073, Page 1786, Tarrant County Deed
Records;
South 71 degrees 07 minutes 51 seconds West, 205.24 feet to a one-half inch iron
rod found for comer, said point being the northwest comer of said Goodrum tract, said
point being the northeast comer of that tract of land described as Tract 2 conveyed to
Derek Neubauer as recorded in Clerk's Document Number D203199839, Tarrant County
Deed Records; . .
South 66 degrees 35 minutes 48 seconds West, 185.99 feet to a one-half inch iron
rod found for comer;
South 03 degrees 53 minutes 23 seconds East, 77.77 feet to a one-half inch iron
rod found at the most southerly southeast comer of said 17.609 acre tract, said point
being the northeast comer of said Mrs. Annie Orene Rogers tract;
. THENCE South 04 degrees 05 minutes 13 seconds East, 264.10 feet to a point at the
southeast comer of said Mrs. Annie Orene Rogers tract, from which a one-half inch iron
rod found bearsNorth 04 degrees 05 minutes 13 seconds West, 6.98 feet;
THENCE South 88 degrees 38 minutes 17 seconds West, 40.00 feet to a point at the
southwest comer of said Mrs. Annie Orene Rogers tract, from which a one-half inch iron
rod found bears North 04 degrees 05 minutes 28 seconds West, 7.41 feet, said point being
in the east line of Pleasant Glade Baptist Church Addition, an addition to the City of
Colleyville as recorded in Cabinet A, Slide 7691, Tarrant County Plat Records;
RECEIVI
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THENCE North 04 degrees 05 minutes 28 seconds West, 264.51 feet to a one-half inch
iron rod set at the northwest comer of said Mrs. Annie Orene Rogers tract, said point
being in the south line of said 17.609 acre tract, said point being the northeast comer of
said Pleasant Glade Baptist Church Addition;
THENCE South 89 degrees 15 minutes 55 seconds West, 145.36 feet to a point at the
southwest comer of said 0.318 acre tract;
THENCE North 00 degrees 33 minutes 05 seconds West, 456.17 feet to a one-half inch
iron rod set for comer;
THENCE North 00 degrees 48 minutes 20 seconds West, 304.48 feet to a one-half inch
iron rod found at the most westerly northwest comer of said 17.609 acre tract, said point
being the northeast comer of that tract ofland conveyed to Ted Scribner, et ux as
recorded in Volume 5564, Page 899~ Tarrant County Deed Records, said point being in
the south line of that tract ofland conveyed to Thomas A. Arnold as recorded in Clerk's
Document Number D203464501, Tarrant County Deed Records;
THENCE along the north line of said 17.609 acre tract as follows:
North 89 degrees 01 minutes 26 seconds East, 169.95 feet to a one-half inch iron
rod found for comer, said point being the southeast comer of said Arnold tract;
}\forth 00 degrees 29 minutes 07 seconds West, 90.11 feet to a one-half inch iron
rod found for comer, said point being the southwest comer of Lot 1, Block 1, Heritage
Avenue Middle School Addition, an addition to the City of Colleyville as recorded in
Cabinet A, Slide 1192, Tarrant County Plat Records;
North 89 degrees 30 minutes 57 seconds East, 1076.39 feet along the south line of
said Lot 1 to a one-half inch iron rod set for comer~ said point being in the west line of
Heritage Avenue, said point being the northwest comer of that 0.212 acre tract ofland
conveyed to the City ofColleyville as recorded in Volume 11930, Page 1410, Tarrant
County Deed Records;
TIIENCE South 01 degrees 09 minutes 54 seco~ds East, 403.64 feet along the west line
of Heritage Avenue to the POINT OF BEGINNING and containing 998,134 square feet
or 22.914 acres ofland.
"This document was prepared under 22 T AC 663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared."
Exhibit C -Conceptual Site Plan
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Exhibit C -Conceptual Site Plan
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Exhibit D -Open Space and Screening Plan
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