Loading...
HomeMy WebLinkAboutOrdinances (O-90-765)-05/01/1990 10 11 12 13 14 15 16 17 18 1 fJMidJ $-3lJ-PD 4:~~,~, ~' 2 ORDINANCE 0-90-765 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 439, C.C. DOSS SURVEY, TRACTS 2E3 and 2E, (9.478 ACRES) TO THE CITY OF COLLEYVILLE, TEXAS FROM AG to PUD-R; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 4 5 6 WHEREAS, an application for zoning change was filed by Richard Ware Carter, on February 2, 1990 under Case No. Z-90-814 and, 7 8 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners wi thin 200 feet of the property herein described at least 10 days before such hearing; and, 9 WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; 19 NOW, THEREFORE, 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 21 22 23 24 25 26 Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Tarrant County, Texas, and described by metes and bounds (Exhibit B) as follows: Ordinance 0-90-705 Page 2 EXHIBIT "A" -~............... 26 * * ~ 264 201 r";O' 5iU lBIOA AG _ Or-,... Ordinance 0-90-765 Page 3 EXHIBIT "B" DESCRIPTION OF PROPERTY Being a tract of land situated in the C. C. Doss Survey, Tarrant County, Texas, and being a portion of that certain tract of land conveyed to D.B. Brown and wife Mollie as recorded in Volume 3901, Page 236, Deed Records, Tarrant County, Texas, and being that certain tract of land conveyed to Kenneth M. Fuqua and wife, Virginia Carole as recorded in Volume 4659, Page 172, Deed Records, Tarrant County, Texas, and being more particularly described as follows: Beginning at an iron rod for the southwest corner of said Brown tract, said iron rod being located S 00008'53" W, 13.23 feet from the southeast corner of the Lawrence Addition, an addition to the City of Colleyville as recorded in Volume 388-144, Page 82, Plat Records, Tarrant County, Texas~ THENCE THENCE THENCE THENCE 130001. FNS N 00008'53" E, 1,269.92 feet to an iron said iron rod being in the south line Estates, an addition to the City of recorded in Volume 388-052, Pages Records, Tarrant County, Texas~ rod for corner, of Countryside Colleyville as 45 and 46, Plat S 88054'26" E, 322.60 feet with the soutW line of Countryside Estates to an iron rod for corner, said iron rod being the northwest corner of the Grubbs Addition, an addition to the City of Colleyville as recorded in Volume 388-214, Page 41, Plat Records, Tarrant County, Texas~ S 00008'15" E, with the west line of said Grubbs Addition, passing the southwest corner of the Grubbs Addition at 1,252.22 feet, continuing for a total distance of 1,265.45 feet to an iron rod for corner~ N 89042'26" W, 328.86 feet to the Point of and containing 9.478 acres (412,882 square land. Beginning feet) of 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-765 Page 4 1 2 3 by changing the zoning thereof from AG to PUD-R, together with all site plans, supporting documents, and other conditions and restrictions imposed by and approved by the Council, which are incorporated herein by reference. Exhibi t "C" - Site Plan; Exhibit "D"- Planning Objective; Exhibit "E" - Deed Restrictions. 4 5 Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together wi th the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon ccnviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. 6 7 8 9 Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative rrethod of publication provided by law. AND IT IS SO ORDERED. The filJ'r reading anJlJ pUb,lj.,c hearing being conducted on the ,~~ day of ~ ' 1990. The se~nd reading and/J~,:b.ljf hearing being conducted on the J7-r1(j day of __~ ' 1990. The thi.rd reading an~~e hearing being conducted on the __~_ day of _ __,1990. CITY OF COLLEYVILLE ~d~::--<;:Jf}i;:A~4-(; Chris Hawkins Mayor LaVada Johnson City Secretary Approved as to Form and Legality: lvj L/D/37/38 Ordinance 0-90-765 Page 5 I , -u-r I I I I (siH Iri~~IH ,iLi (J;. '. [I" ~EE' i-il;f" II-!I' i~I~. liii!;ji . : '::1 i :1.: .'~ lith Ena.,. !~ !i;~ 'l;ii~ ~l~i~ f~ i; f'I!'I~I:1 .' .. "f, E. "1 ' I I -f . "r .' ,'1' .'U ' .' i" : &Ii .. i.' i~ =~.~ ~, i!~ 1'1 ~ ~Iii ~lll Ii i ;~ ~E:: fi~ii= ri:H J i!~ l t' !ii i -: P' -liit;i; ~lii;: Ilil ~I .iF ~ I! ;~Ii ~:i!! i!:i! 11;11 lj;~~l! i ~~ ~il~ i;iii '~jl: ii~' I:(i:~~ i !I ~ili ?i!~i ~lii ~i;1 !~;~i~f I 1 ou'. 'Ui lh hii~} 1 ii:: ir'll lir~ i'i':1 l_l~.i ! I n 11 .'!"" il '-11'" !i :Si liS:i ~iil ~;:I l~:,':i rJ -h .llh ilE, m ~bill! EXHIBIT "C" ]!["II ....~d~' llOfWJl_ j ..1I1.......c-lUCl ....,6&,..._ if .... CD ....'u ~ ......~.. - -- -- - ~~i[ '1 .,w,..... ~~a.'nl ...........- ~~~ i<!) ia I a . -- - - GLADE ROAD I I I I I I I I I I I -II :1 I 'll IC:. ~ t' i _:--iJ lJ .- - ~ .1 I ~ ./ I . I __ '~ -r----- ...-/ I ...- ~ . il IL ...---- ~ .1 _-=-_--=.= / r----- . I :~ i: I ./ I I I I ( il I / .1 I f II - ~ . ,;~~ ~ \ & . I!i~ \ 1 ~ i;d \ - \ : \ s. \;1 I ~ \1 : ~ ) I \ --P:-- /\ / \ // \ / \ / v \ 1/ \ _-.-I' \ .... ~ 't. '- '. ( " , " '\ \ ~ ) I I, I I { l I l I ,r- ;a. " I / / I d I I PI 'I I / '" & . I. I / \ r I I / l I Ii L__ Ii t'- ~ iil ~ I I ~I p !; · ;11; ;111. ~I~i I ~~!~= d;;! ~ I~ .!i~lll!i'll ~!;I J ~~~ll ni." ; I; ~J~~I ,J!ia i~~i sill 1!ljJ ) is ) i k~! -:E . <'i~ .. s....., ~ ~ ~. !" C !"l ~ ~ "10 .. ~ ,," :Un.. ~ 02~",,"'~&l ~ . ~~i!c::'" ...1-. ~.. !I:"'iL., ~ . ~ =lil ~ !!: .,0lI lj~ " tr:i ~E ~.. "I ~ '" .. "- ." " m:iW I ;!'~I~j ; b. I J .~~ W Ordinance 0-90-765 Page 6 EXHIBIT "D" PUD-R ZONING APPLICATION FOR A 9.478 ACRE TRACT OUT OF THE C. C. DOSS SURVEY CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS PLANNING OBJECTIVE: The objective of this proposed development is to provide a quality, single-family residential development. The plan provides for 1.88 acres of open space, encompassing an area containing numerous trees. The plan also provides for 17 lots, with a proposed minimum size of 15,000 square feet, with an average lot size of 15,588 square feet. LEGAL DESCRIPTION: See attached "Description of Property". DEVELOPMENT SCHEDULE: Construction of the development is proposed to commence immediately upon approval of the zoning, platting and construction plans by the City of Colleyville. PRESENT OWNERS: Kenneth M. Fuqua and Wife, Carol Fuqua 5345 Colorado Boulevard North Richland Hills, TX 76180 817/ D. B. Brown and Wife, Molly Brown 3208 Glade Road Colleyville, TX 76034 817/267-1049 PROPOSED OWNER: Richard Ware Carter, Trustee 915 Two Turtle Creek Village Dallas, TX 75219 214/521-8170 WATER AND SEWER: Water and sanitary sewer services will be provided to the development through existing City of Colleyville facilities located adjacent to the property. APPLICANT: I certify that the information presented represents a reasonably accurate portrayal of the general :~~raC~(~b~ ~:z:oposed development. (name) herein nature, ~c.lJTS (title) Date: Z/ I /'10 130001. DOC EXHIBIT 2 - 90..8/9' ,_"J().-u;# ~ ?1~~-t ~- "E" /./Y? ::J/:J.tj/'1o Ordinance 0-90-765 Page 7 1. No dwelling or accessory structure shall be erected or maintained nearer than ten (10) feet from the side line of any Lot or as approved otherwise by the Architectural Control Committee. 2. No dwelling, accessory structure or fence shall be erected or maintained on any Lot until the building plans and specifications for same and a plot plan (accurately showing the topography of the Lot) showing the proposed location of same have been approved by the Architectural Control Committee. This section shall be applicable to initial construction and to alterations, changes and additions at any time subsequently made. Roofs shall be of wood shingle, tile or other material approved by the Architectural Control Committee. In no case shall the Architectural Control committee's approval of proposed improvements be unreasonably withheld. 3. Each residence may be occupied by only one family consisting of persons related by blood, adoption or marriage or no more than two unrelated persons living together as a single housekeeping unit, together with any household servant s. 4. No noxious or offensive act or activity shall be allowed upon any Lots, nor shall anything be done thereon which may become an annoyance or a nuisance to the neighborhood. 5. No sign shall be erected or maintained on any Lot except a "for sale" sign which sign shall not exceed fifteen (15) square feet in size, or a sign owned by the Developer or by The Association. 6. No radio, television or other aerial shall extend more than fifteen (15) feet above the highest point of the roof of any building and no such aerial shall be maintained on any Lot not containing a dwelling, except as may be approved by the Architectural Control Commi ttee. 1. V. Dishes must not exceed fence height and will be screened from street view. 7. The garage or side door of any house or residence within The Properties must open to the rear of the house or as otherwise approved by the Architectural Control Committee. 8. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other similar structure shall be erected, maintained or permitted upon any Lot. 9. All houses and structures permitted shall be completed with eight (8) months from the date of commencement of construction, or unless otherwise extended by the Architectural Control Committee. No structure shall be occupied unless and until the premises are connected in a property way with the city sewage system. 10. No vehicle of any size which transports inflammatory or explosive cargo may be kept in The Properties at any time. 11. Mailboxes shall be constructed of brick or other material and design to match the residence as approved by the Architectural Control Committee. 12. Each Lot on which a residential living Unit is constructed shall have and contain ~n underground water sprinkler system for the purpose of providing sufficient water to preserve and maintain the landscaping in a healthy and attractive condition to the front and side yard areas situated outside of fences, walls or hedges. 13. The floor area (that enclosed for heating and/or air conditioning) of any Living Unit shall be not less than the following: All living Units - 3,000 Sq. Ft. Ordinance 0-90-765 Page 8 14. All Lots shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family residence per Lot, which residence may not exceed two and one-half (21) stories in height, and a private garage as provided above. 15. All dwellings shall be constructed of stone, masonry, brick, or of a glass building material of the kind usually used for outside wall construction, or such other material as may be approved by the Architectural Control Committee, to the extent of at least eighty-five percent (851) of the area of the outside walls on the first floor. The second floor of such dwellings may be masonry or such other material as may be approved by the Architectural Control Committee. 16. No fence, wall or hedge shall be place on any Lot nearer to the front street that is permitted for the house on said Lot; not fence wall or hedge shall be flaced on any portion of the sites with a greater height than six feet' (6' and no wi re or woven fence is permi tted on any part of any Lot, except as otherwise approved by the Architectural Control Committee. 17. None of the Lots shall be subdivided into smaller Lots. 18. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. 19. A Lot or any portion of any Lot that is exposed to the public view must be maintained by the property Owner in a neat and orderly fashion. In the event this restriction is not complied with then The Association has the right to cause this maintenance to be done at the expense of the property Owner. 20. No Lot affected hereby shall be used for the dumping or storage of rubbish, trash, debris, surplus soil or rocks, etc. 21. No out building, shop or trailer or residence of temporary character shall be permitted. No building material of any kind or character shall be stored upon the Lot until the Owner is ready to commence improvement. 22. No boats, trailer, mobile home, camper, boat trailer or similar wheeled vehicle shall be stored (except temporarily, not to exceed 24 hours) nearer to the street than the front of the Living Unit situated thereon. No house trailer, mobile home, camper, boat trailer or similar wheeled vehicle shall be stored or parked on any Lot except in a closed garage or within the fenced, walled or enclosed portion of such Lot, and any such fence, wall other enclosure shall be subject to approval by the Architectural Control Committee. 23. Specifically exempted from the provisions of this section are activities by the Developers, carried out in the regular pursuit of construction, maintenance and sales within the subdivision which exemption shall end when all development activity including sales by them are completed. 24. All dwellings and accessory structures shall be erected and maintained behind the building line shown on the Lot, or as otherwise approved by the Architectural Control Committee. 25. All dwellings shall be constructed to front on the street on which the Lot fronts unless any Lot in question fronts on two (2) streets in which case the dwelling constructed on such Lot shall front, as the Architectural Control Committee may approve. on either of the two (2) streets or partially on both.