The URL can be used to link to this page

Home My WebLink AboutOrdinances (O-07-1620)-06/05/2007DENIED JUNE 5, 2007 ORDINANCE 0-07-1620 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.4 ACRES ON LOTS 1 AND 2, BLOCK 1 OF THE GARDEN ADDITION, FROM THE CC1-VILLAGE RETAIL ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-014; 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 and 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, 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 DENIED JUNE 5, 2007 Ordinance 0-07-1620 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. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 4.4 acres on Lots 1 and 2, Block 1 of the Garden Addition from the CC1- Village Retail zoning district to the PUDR-Planned Unit Development- Residential zoning district, as depicted on Exhibit "A". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 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 a single-family residential development of detached dwelling units, constructed at a gross maximum density of 4.5 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 "B", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" 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. DENIED JUNE 5, 2007 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Ordinance 0-07-1620 Page 3 of 5 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 "B", 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 5,000 square feet 50 feet 100 feet 10 feet 5 feet or 3 and 7 feet (maintain 10 feet separation) 10 feet 65 percent 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 "B". All open space areas shall be maintained by the Homeowner's Association. b. A ten (10) foot wide landscape buffer shall be provided along Pleasant Run Road. 6. SCREENING a. A six (6) foot tall stone masonry screening fence along Pleasant Run Road, as shown on the Conceptual Site Plan, labeled as Exhibit "B". 7. SIDEWALKS AND PATHWAYS a. Ten (10) foot wide trails shall be required along Church Street and Pleasant Run Road. b. Developer shall dedicate all required street and trail right of way within ninety (90) days of the approval of the Ordinance. DENIED JUNE 5, 2007 Ordinance 0-07-1620 Page 4 of 5 Developer shall also escrow with the City an amount equal to the estimated cost of the trail improvements. 8. OTHER a. The minimum square footage for all houses constructed in this development shall be two thousand eight hundred (2,800) square feet. b. The pavement section for the cul-de-sac shall be 31-feet wide from back of curb to back of curb. c. The private access road will be maintained by the Homeowner's Association. d. Each residential unit along the cul-de-sac shall include a NFPA 13 D fire protection system. Sec. 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. Sec. 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. Sec. 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. Sec. 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. 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. The first reading and public hearing being conducted on the day of 2007. ', DENIED JUNE 5, 2007 Ordinance 0-07-1620 Page 5 of 5 i ~. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH Exhibit B -Conceptual Site Plan . . ,. . ~.... .. ,. ~ '~ `` i ~ }r f HM ~ ~1 ~ ~~ • Y rt ' Mh °~f 4 ' , ~-~. .~ ~. S x tnw VIII ~~^' n . ~ ~ ~ e ' , y~ ~ it ~ ~ ~' ~ ~ ~ • i ~ w. J , ' ~, V . , ^ .~ +; .. ifr ,