HomeMy WebLinkAboutOrdinances (O-06-1584)-08/03/2006ORDINANCE 0-06-1584
N ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
HANGING THE ZONING OF APPROXIMATELY 19.78 ACRES OUT OF THE J. L.
YAS SURVEY, ABSTRACT 180, FROM THE AG-AGRICULTURAL DISTRICT TO
HE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING
OR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION
HEREAS, an application for a zoning change was filed by Sage Group, Inc., on May
1, 2006, under Case No. Z-06-012; and
EREAS, 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
EREAS, 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
EREAS, 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
EREAS, 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 0-06-1584
Page 2 of 6
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
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.
2. THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
depicted on the attached Zoning and Location Map, labeled as Exhibit "A",
and described by Metes and Bounds, labeled as Exhibit "B". by changing
the zoning of said property from the AG-Agricultural zoning district to the
PUDR-Planned Unit Development Residential zoning district.
3. THAT the Official Zoning Map of the City of Colleyville be amended to
incorporate the zoning change approved herein.
. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUDR is for 25 single-family attached town homes
and 49 single-family detached lots, constructed at a maximum density
of 3.7 dwelling units per acre.
b. A maximum of 74 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
allowed per each platted lot
Ordinance 0-06-1584
Page 3 of 6
b. Single-family attached-homes with no more than one dwelling unit
allowed per each platted lot
c. Open space
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
A. Single-family attached 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
h. Maximum Height
2,700 square feet
30 feet
90 feet
5 feet
none
5 feet or 18 feet for
rear facing garage
90 percent
35 feet
B. Single-family detached 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
lots or outside corner Ic
d. Front Building Line
e. Side Building Line
6,440 square feet
56 feet
115 feet, except for cul-d-sac
its, which shall be minimum of 95 feet
15 feet or 20 feet for
front facing garage
3 and 7 feet
(maintain 10 feet separation)
f. Rear Building Line 15 feet
g. Side Building Line-corner lots 15 feet
h. Maximum Lot Coverage 58 percent
i. Maximum Height 35 feet
5. OPEN SPACE
a. This development shall provide not less than twenty two (22.%) percent
common open space, which shall generally be configured as shown on
the Conceptual Site Plan, labeled as Exhibit "C". All open space areas
shall be landscaped and maintained by the Homeowner's Association.
Ordinance 0-06-1584
Page 4 of 6
b
c.
d.
No more than 25 percent of the open space areas shall be utilized for
storm water detention or retention.
This PUDR shall provide a 30 foot wide Tree Preservation Buffer as
shown on the Conceptual Site Plan, labeled as Exhibit "C".
On or before the first day of June beginning in 2007, and on an annual
basis for a period of five years, the Oak Pointe property owners
association (and its successors and assigns) shall cause aTexas-
licensed arborist, who is expert in Cross Timbers silviculture, (The
"Expert") to provide a written general evaluation of native hardwood
and evergreen trees in the 30' Tree Preservation Buffer (the "Buffer")
and include recommendations for sustaining and enhancing the natural
ecological integrity of the Buffer, with emphasis on preserving native
tree species growing therein. The Oak Pointe property owners
association shall be obligated to promptly and faithfully carry out each
recommendation of the Expert at an aggregate cost not to exceed twice
the amount of the most recent unexpended contribution of funds for
such purposes received by it from the Broughton Maintenance
Association, Inc., its successor, and other contributing person or
organization, if any.
6. SCREENING
a. A six (6) feet in height, wooden screening fence shall extend along a
portion of the northern boundary line and a portion of the eastern
boundary line (where adjacent to the area zoned AG and R-20- the two
existing residential properties on either side of the northeast corner) of
this PUDR, as shown on the Conceptual Site Plan, labeled as Exhibit
~,C„
b. A six (6) feet in height, masonry wall shall extend along the western
boundary line and a portion of the northern boundary line (where
adjacent to property currently zoned ML, PUDC, CC-1 and CC-2) of
this PUDR, as shown on the Conceptual Site Plan, labeled as Exhibit
~,C„
c. A six (6) feet in height, wrought iron fence shall extend along the
southern boundary line and a portion of the eastern boundary lines
(where adjacent to the Broughton PUD-R) of this PUDR, as shown on
the Conceptual Site Plan, labeled as Exhibit "C ".
7. 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.
b. An emergency access right-of-way or easement shall be provided to
connect this development with Sanders Lane on the east side of the
Ordinance 0-06-1584
Page 5 of 6
development. Said emergency access shall be gated and constructed
in accordance with the requirements of the Land Development Code.
The gate shall include an Opticom automatic opening system.
c. No roof mounted air conditioning mechanical equipment shall be
allowed on the single-family attached dwelling units.
d. No carports shall be allowed on the single-family attached dwelling
units.
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.
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.
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.
ec. 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.
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.
D IT IS SO ORDERED.
e first reading and public hearing being conducted on the ,/~ ~ day of
2006.
e second reading and public hearing being conducted on the o2 '`'oe'- day of
~~~.cc,o ~" 2006.
Ordinance 0-06-1584
Page 6 of 6
ATTEST:
(Cynthia Singleton, TRMC
City Secretary
PROVED AS TO FORM AND LEGALITY:
CITY OF COLLEYVILLE
~_
David Kelly
Mayor
Matthew C. G. Boyle
;ity Attorney
Exhibit A -Zoning and Location Map
Exhibit B -Metes and Bounds Description
FIELD NOTES
Description for a tract of land in the J. L Byes Survey, Abstract Nurr~er
180, City of Colleyville, Tarrant County, Texas, and comprising the
folbwing tracts of land: that tract described in a deed to Michelle and Kim
Smith, recorded in Volume 16398, Page 320, Deed Records, Tarrant
County, Texas; that tract described in a deed to Charles E. and Pauline
Neese, recorded in Volume 3125, Page 326, Deed Records, Tarrant
County, Texas; that tract described in a deed to Ruth V. Heidel, recorded in
Volume 14630, Page 44, Deed Records, Tarrant County, texas; that tract
described in a deed to Ronny D. and Vidiy A. McPherson, recorded in
Volume 13285, Page 97, Deed Records, Tarrant County, Texas; that tract
described in a deed to H. E. Rickman, Jr., recorded in Volume 3152, Page
463, Deed Records, Tarrant County, Texas, tha# tract described in a deed
to Terrance L. and Dana L Stilson, recorded in Volume 6408, Page 211,
Deed Records, Tarrant County, Texas; that tract described in a deed to
Ronald Harold and Bobbie Jean Anderson, recorded in Volume 4729, Page
631, Deed Records, Tarrant County, Texas; that tract described in a deed
to David W. Stringer, recorded in Volume 15727, Page 156, Deed Records,
Tarrant County, Texas; that tract described in a deed to Jennie Lou Stowe,
recorded in Volume 5193, Page 721, Deed Records, Tarrant County,
Texas; that tract described in a deed to George Eledge and Joy M.
Cannedy, recorded in Volume 10838, Page 1388, Deed Records, Tarrant
County, Texas; that tract described in a deed to Ronny D. and Vicky A
McPherson, recorded in Volume 12880, Page 221, Deed RecoNs, Tarrarrt
County, Texas; that trail described in a deed to Gary and Brenda Bass,
recorded in Volume 16245, Page 340, Deed Records, Tarrant County,
Texas; and a portion of that tract described in a Right Of Way Easement to
Tarrant County, recorded in Volume 1819, Page 346, Deed Records,
Tarrant County, Texas; and being described as one (1) tract by metes and
bounds as follows:
BEGINNING at a 5J8" Iron pin found with cap marked, "DOWDY' lbrthe occwpied
northeast comer of said Byas Survey, and for the northeast comer of saki Sn~ltt tract;
THENCE South 00 degree 26 minutes 21 seconds East a distance of 199.34 feet to a
12" iron pin found with cap marked, "BMI' for the northeast comer of sakl Heklel tn~ct;
THENCE South 00 degree 41 minnta 09 accords East a diatauao of 617.64 foot to a S/8" iron
pin found with aap madced, `BoIIndery Mack" for the southeast corner of said Haidd treat;
21~NCE South 89 degrees 12 mimttea SS accords West a distance of 262.34 feat to a S/8" iron
pin found with cap madced, "BMl" for the sodhwost corner of said Haidal tract end far the
souWeast corner of said MoPiuason tract reoordod in Volume 13285, Page 97;
T1l1:NCE South 89 degrees 27 miautes 11 sooonds Wet a diataaoe of 333.31 foal to a S/8" iron
pin found with aap marked, "BMI" for tLa southeast oamer of said Stihon trao~
THENCE Swath 89 degrees 36 minutes 48 accords Waal a distance of 265.34 foot to a S/8" iron
pipe toosYd far the southwest oaraor ~ said Sti4on tract and far the sw>tkcrrt corner of said
Harold and Anderson tract;
Metes and Bounds Description, (coat's)
THENCE South 89_degrtes 44 minuted 20 sooemds west a distance of 88.09 foot to a S/8"iron
Pipe ~ ~tef sou~&vMedtpacooc af`iaid~C+ot~d'u~d Aada~trat .4~wt ~d.f4r f~ a1~t
oam~ a£Lat 4R 2-4, Black A, Colleyvilk g ~ ~Ad~itra4 ~S to the pltlt
raoorded is Cabins A, 31ida 8387, Plat Reaordr., Tatrtmt County, Triad;
THENCE North 432.91 fed to a 12"iron pipe found for the northeast corner of Lot 4R-2-1,
Block A, of said Colieyville Shopping Village Addition;
THENCE North 89 degrees 36 mimites 33 seoonda West a distance of 269.95 feet to the
southwest Darner of said Stowe tract and to the southeast corner of Lot 1R, Block A, Cofleyville
Shopping Village Addition, seoardmg to the plat recorded in Cabins A, Slidr 5776, Plat
Records, Tarrant Coumty, Texas;
THENCE North 00 degrea 34 minutes 33 seconds West at 189.73 fit peasiag the northeast
corner of said Lot 1R, in ail, a total distance of 219.96 fit to the northwest corner of said Stowe
tract;
THENCE South 89 degrees 48 minutes 13 seconds East a diatamoe of 146.64 feet along the north
line of said Stave tract to the west liar aaF said Fledge and Csanedy tract;
THENCE NORTH a distrtnoe of 171.21 feet to s lrl" neon pin found for the northwest oornor of
said Fledge and Carmody tract;
THENCE North 89 degr+oes 55 minutes 1 S soeonds East a distance of 279.93 fed to a 1/2" iron
pia foams for the southwest Darner of Lat R-14-1, Block 1, Colleyvillo Industrial Park, according
to the plat rceordcd is Cabins B, Slide 606, Plat Records, Taaant Caanty, Texas;
THENCE South ~ degrees 58 minutes 05 seconds East a distance of 3t~.28 Meet to a
SJ8" iron pin found;
THENCE North 89 degrees 53 minutes 58 seconds East a distance of 83.96 feet io a
5J8" iron pin found for the southwest comer of Lot 1, Bbdc 'I , Fair Haven Estates,
atxording to the plat recorded in Cabir~ A, SBde 2773, Piet Records, Tarrant County,
Texas;
THENCE North 89 deg~es 54 minutes 24 secorxls East a distance of 56.85 feet to a
5J8" iron pin found with yellow cap for the northwest comer of saki SmRh tract;
THENCE North 89 degrees 58 minutes 43 seconds East a dis~noe of 262.70 feet to the
POINT OF BEGINNING, said descxit~ed track Mining approximately 19.78 acres of
land, of which appnoxlmabely 0.64 of an acre is corrtained w saki ri~tt-of~ray
easement.
Held Notes prepaesd 0~1R7A6 by Roger W. 4tsR, R.P.L.& Nirriber 4iQ4, based on the preNaus savoys and p~bAe rocads.
cwral.~++ionoorrc.a~en HAd Nmosmc
Exhibit C -Conceptual Site Plan
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