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HomeMy WebLinkAboutOrdinances (O-06-1595)-10/17/2006 ORDINANCE 0-06-1595 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, PROVIDING FOR THE ZONING CHANGE OF 5.66 ACRES OUT OF THE G. W. MINTER SURVEY, ABSTRACT 1034. FROM THE CN-NEIGHGBORHOOD COMMERCIAL AND THE AG-AGRICUL TURAL DISTRICTS TO THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL AND AMENDING THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by David Hannah on August 11, 2006, under Case No. Z-06-020; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the I 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 Ordinance 0-06-1595 Page 2 of 5 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. 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 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 and the CN-Neighborhood Commercial zoning district to the PUDR-Planned Unit Development Residential zoning district. 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 a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.9 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 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. . 1 Ordinance 0-06-1595 Page 3 of 5 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 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, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size 5,924 square feet b. Minimum Lot Width 55 feet, except cul-de-sac lots which shall not be less than 53 feet c. Minimum Lot Depth 105 feet d. Front Building Line 15 feet building & 18 feet for garage e. Side Building Line 3 and 7 feet (maintain 10 feet separation) f. Rear Building Line 10 feet g. Maximum Lot Coverage 65 percent h. Maximum Height 35 feet 5. OPEN SPACE a. This development shall provide not less than twenty (20%) 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. b. No more than 25 percent of the open space areas shall be utilized for storm water detention or retention. 6. SCREENING i I I; a. There shall be a screening fence, of variable height not to exceed eight feet, except at the main entrance gate, constructed of a combination of brick, stone and wrought iron shall extend along Glade Road, as shown on the Conceptual Site Plan, labeled as Exhibit "C". b. There shall be a cedar wood screening fence a minimum of six (6) feet in height, but not to exceed eight feet in height, extending along the west, north and east boundary lines, as shown on the Conceptual Site Plan, labeled as Exhibit "C". Sec. 5. Sec. 6. Sec. 7. Sec. 8. Ordinance 0-06-1595 Page 4 of 5 7. SIDEWALKS AND PATHWAYS a. Sidewalks shall only be required along lot frontages on one side of the street, which shall otherwise 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. b. An emergency access shall be provided to connect this development with Glade Road near the western end of the 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. Said access gate shall be maintained by the Homeowners Association. c. There shall not be a street connection between this PUDR and the adjacent development to the north that would provide access to Heritage Avenue. 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. . r Ordinance 0-06-1595 Page 5 of 5 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. hearing being conducted on the ~ A..d'.... day of 2006. Th~econd reading and public hearing being conducted on the /.7 Sf day of L;7-'~c./ 2006. A:pt Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE Ib~. . David Kelly j Mayor APPROVED AS TO FORM AND LEGALITY: ~~.~ Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map Exhibit B - Metes and Bounds Description TRACT 1 ALL of that certain tract of parcel ofland situated in the G. W. MINTER SURVEY, ABSTRACT NO.1 034, Tarrant County, Texas and being the same tracts as described in Deed to Derek Neubauer as recorded in VollUlle 16182, Page 9 of the Deed Records, Tarrant County, Texas, and also being that same tract as described in Deed to Ben F. Goodrum and wife Winnolee Goodrum as recorded in VollUlle 4814, Page 169 of said Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8 inch steel rod found for the northwest comer of said Neubauer tract, being the inter ell comer of a tract described in Deed to Annie Orene Rogers as recorded in Volume 4839, Page 728 of said Deed Records; THENCE North 66 degrees 59 minutes 41 seconds East with the northerly boundary line of said Neubauer tract, a distance of 186.39 feet to a 3/8 inch steel rod found for the northeast comer thereof, being the northwest comer of said Goodrum tract; THENCE North 71 degrees 42 minutes 04 seconds East with the northerly boundary line of said Goodrum tract a distance of205.27 feet to a 60D nail found for the northeast comer thereof; THENCE South 05 degrees 59 minutes 24 seconds East with the westerly boundary line of a tract decribed in Deed to Horace Freeman Maples and wife Lyla Faye Maples as recorded in V ollUlle 4406, Page 503 of said Deed Records, and the easterly boundary line of said Goodrum tract, at a distance of 470. 76 feet passing a ~ inch steel rod with cap stamped "BRITAIN & CRAWFORD" found in the apparent northerly right-of-way line of Glade Road, in all a distance of 521.25; THENCE South 89 degrees 06 minutes 44 seconds West with said Glade Road, a distance of 214.04 feet; THENCE West continuing with said Glade Road, a distance of 183.00 feet; THENCE North 03 degrees 32 minutes S5 seconds West with the westerly boundary line of said Neubauer tract, at a distance of 50.78 feet passing a ~ inch steel rod with cap stamped "BRITAIN & CRAWFORD" found in the said apparent northerly right-of-way line ofsaid Glade Road, in all a distance of385.33 feet to the PLACE OF BEGINNING and containing 4.0631 acres ofland, less the Right-of-Way of Glade Road of 0.461 acres leaving a net acreage of 3.602 acres. Metes and Bounds Description, (cont'd) TRACT 2 All of that certain tract on parcel ofland situated in the G. W. Minter Survey, Abstract No. 1034, Tmant County, Texas and being the same tracts as described in a Deed to Horace Freeman Maples and Wife, Lyla Faye Maples as recorded in Volume 4406, Page 503, Deed Records of Tarrant County, Texas, and being more particularly described as follows; BEGINNING at a ~ inch iron rod in the north right-of-way of Glade Road; said point being the southwest comer of the Maples Tract and also being in the eut line of a tract conveyed to Ben F. Goodrum and Wife, Winnolee Goodrum in a Deed Recorded in Volume 4814, Page 769, of the DeedRe<lOrdsofTarrant County, Texas; THENCE North 06 degrees 00 minutes 22 seconds West along the common line of the Maples Tract and the Goodrum Tract for a distance of 471.22 feet to a 60D nail at the northwest comer of the Maples Tract and the northeast comer of the Goodrum Tract; said point also being in the south line ofa tract of land described in a deed to Annie O. Rogers as Recorded in Volume 4839, Page 728 of Deed Re<lOrds ofTmant County, Texas; THENCE North 72 degrees 01 minutes 3 I seconds East along the common line of the Maples Tract and the Rogers Tract for a distance of 187.42 feet to a 3/8 inch iron rod at :~e~t.e:\.7B~erH~:;~~~~=,~~:~~ ~~/b~ir~~;ai~::==" .____"_m___ in the Deed Re<lOrds of Tarrant County, Texas; THENCE South 05 degrees 24 minutes 45 seconds East along the common line of the Maples Tract and the MBC Heritage Oaks Estates, L.T.D. Tract for a distance of 521.1 3 feet to an iron rod in the north right-of-way of Glade Road; same point being the southeut comer of Maples Tract and the southwest comer of the MBC Heritage Oaks Estates, L.T.D. Tract; THENCE South 87 degrees 34 minutes 49 seconds West along the north line of Glade Road and the south line of the Maples Tract a distance of 178.26 feet to THE POINT OF BEGINNING and containing 89,555 square feet of2.056 acres of land. Exhibit C -Conceptual Site Plan ~J :ii; 109"'. t.'l ~ t 'l ~'~Ip ~ !~hi Ii \ , ! t g rJ t j CJ ~ ., ~ ,. .t t t