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HomeMy WebLinkAboutOrdinances (O-07-1619)-06/05/2007ORDINANCE 0-07-1619 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 OUT OF THE J. HARRELL SURVEY, FROM THE AG-AGRICULTURAL 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 EREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-009; 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 REAS, 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 EREAS, 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 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 Ordinance 0-07-1619 Page 2 of 6 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: ec. 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 out of the J. Harrell Survey from the AG-Agricultural zoning district to the PUDR-Planned Unit Development-Residential zoning district, as depicted on Exhibit "A" and as described on Exhibit "B". ISec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. ISec. 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 2.2 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. Ordinance 0-07-1619 Page3of6 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance. b. The minimum lot size shall be 13,000 square feet and the average size of all residential lots shall not be less than 16,000 square feet. c. One side yard of any lot may be as narrow as six (6) feet, provided the total width of any two adjacent side yards shall not be less than twenty (20) feet. On lots with an area of less than 16,000 square feet, front yard setbacks may be twenty-five (25) feet, and rear yard setbacks may be ten (10) feet. On any lot with an area greater than 16,000 square feet that backs to open space, the rear yard setback may be ten (10) feet. d. The minimum lot width less than 16,000 square feet may be eighty (80) feet if approved by the City Council. 5. OPEN SPACE a. The development is subject to the parkland dedication requirements contained in the Colleyville Subdivision Regulations. b. The development shall contain open space in this development as shown on Exhibit C. 6. SIDEWALKS AND STREETS a. Sidewalks shall be required for all lots within this development. b. Street rights-of-way shall be a minimum width of fifty (50) feet, except for single loaded streets which may have a forty (40) foot right-of-way width with a five (5) foot utility easement abutting the unloaded side of the street. c. All streets in this PUD shall be thirty-one (31) feet wide and be constructed of five (5) inch, 3,000 p.s.i. concrete. Ordinance 0-07-1619 Page 4 of 6 d. The City's street design standards (tangency between curves, radius requirements, etc.) shall be waived, except that a minimum radius shall not be less than twenty-five (25) feet. 7. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Colleyville Subdivision Regulations. b. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. c. Lot-to-lot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent on to the other. d. There shall be no prohibition against regrading, expanding, and/or eliminating existing ponds and against adding additional ponds on the property in order to accomplish developer's storm drainage plan, as long as it otherwise meets City standards and is acceptable to the City Engineer. 8. OTHER a. Prior to the issuance of any development permits on the subject property and as a condition to the development of the property the developer shall obtain approval of a preliminary plat and final plat of the property, which may be in phases. In approving the preliminary and final plat, the approving body shall exercise complete discretion over roadway design, lot size, lot shape, building lines, set-back lines, open space and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of this ordinance. b. This development shall be subject to all impact fees in accordance with the Colleyville Subdivision Regulations. c. Developer is permitted to erect at locations approved by the City Engineer, entry structures with or without permanent signage (which Ordinance 0-07-1619 Page 5 of 6 signage must comply with the City sign ordinance and be properly permitted) in the rights-of-way of perimeter roads at their intersection with internal streets not to exceed twenty-five feet (25') in height, i.e. in the sight triangle areas of such intersections, provided that said structures do not obstruct the view of traffic as determined by the City Engineer. 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. 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. IT IS SO ORDERED. first reading and public hearing being conducted on the /S" ~ day of 2007. second reading and public hearing being conducted on the ~~day of r /Y1st _ 2007. Ordinance 0-07-1619 Page 6 of 6 ATTEST: ~ . Cynthia Singleton, TR C, CMC City Secretary CITY OF COLLEYVILLE ~~~ David Kelly Mayor ROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH 1200 lotx PU4-R R-4o SITE 8612 R~0 AG 9m 1106 1100 1012 1~ 8600 ~ m AG (") AG PUD-R Z 1212 n r _ Z rn 1211 681 6812 6811 6812 6609 R-20 R-20 6808 6606 seas PUD-R 8508 6805 _ '~': ~- 6804 6804 6803 W 6801 R-20 6800 6801 R-20 8500 6713 908 6711 6712 Exhibit "B" PROPERTY OESCRIPTION BEING A 4.42'1 ACRE TRACT OF LAND SITUATED IN THE J. FIARRELL suR~Y. Aestw~cT No. ewe, w THE CttY of COLLEYVILLE. TARRANT OOtMITY, TEXAS ANO BEING ALL OF THE FOLLOWING, THAT CALLED 1 ACRE TRACT QED w QEED T~0 DELMERT LEO CAMPE~f.I. JR. AND DONNA HELL Ct,EJw~ATEIi, RECOflDED w VbLUME 1444t~5, PAGE 433, THAT CALLED 1.4o ACR£ TRrvCT 0` IJr1rB QE~CRIBEQ w DEED Tn RlKKI METCALF. RECOIIDED w ~.ViOLIAIE 117311, rAOE 2284. THAT TRACE OF LAND DESCRIBED IN DEED T+D JOHNWE M. McCARSON ANO WIFE ANNIE 1. M~cCIIR'ON, w NOUJME lS887, PAGE 804 ALL OF THE GEED RECORDS OF TARRANI' . TEXAS A18) BEING ALL aF LOT 2, BLOCK 1 OF THE FlNAL PLAT OF WY,I.EY RANCH. 11EtARpEp• IN CABINET 8. SLIDE 736 OF THE PLAT OF TARRANT COUNTY, TEXAS. 6Ab 4.423 TRACT eEMIG MORE PARTKSlUIRLY OESCRIBEO BY METES AND BOUNDS 115 FOLLOWS: BEGp~MNNG AT S/8" IRON R00 FOUND IN THE NORTH RIGHT-OF-WAY LINE OF IJIJAPFIY ROAD AT THE SOUTHWEST CORNER ~' SAID LOT 2, BLOCK 1; THENCE N OO'O8'~1" W, DEPARTwG 51Y0 NORTH RIGHT-OF-WAY LINE. ALONG THE WgST LNIE 4F SAID LAT Z. BLOCK 1. A DISTANCE OF 491.61 FEiT TO A 1 /2' NiOM~ ROD FOUND AT THE NORTHWEST GORIER ,OF SAID X01 2. ii6+OCK t; - TFIENCE N ~t1'0d' E. ALfNuC THE NORTH LINE OF SAID LOT 2. BLOCK 1, A DISTANCE OF Bfi.M iEET TO A ~/0~ IRON R00 FOUND AT THE IIOaTHEAST CORNEtt OF SA+D LoT i. eLah 1: THENCE S O0'st'69' f., ALONG THE EAST LINE OF SAID lOT 2, BLOCK 1, A pSTANCE OF 58.x1 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID MkC'ARSON TRACT; THENCE N 88'52'10" E. ALONG THE NORTH LINES OF SAID MCCARSQN TRACT. SAiD METCALF TRACT ANO SAID CA~APBELL TRACT. A DISTANCE OF 337.21 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID CAMPBELL TRACT; THENCE S 00'55'49" E. ALONG THE EAST LINE OF SAID CAMPBELL TRACT. A DISTANCE OF 437.25 F'El' TO A POINT IN THE NORTH RIGHT-OF -WAY LINE OF-SAID MURPH7 RQAO AT THE SOUTHE/1Sr CORNER of SAID cAaPBELI rnACr, THENCE S 89'28'00" W. ALONG SAIp NORTH RIGHT-OP-WAY LINE. A DISTANCE OF X33.81 FEET THE POINT OF BEGINNING. ANO CONTAINING 4.423 ACRES OF UWD. MORE OR LESS. Exhibit "C" -Conceptual Site Plan i e u .. 7 6 -_-_-__-_ .e'~M II.MCa ~° .~a ' ~ ue. r. t ~ '. "•s rx 1 ..~ ~ ~ - - - - - - + _ J - -~ ~6 ~ _ .-.e.icmc } ~~~ ~ R ah , i C- P a~ ~ ~ ~ ,~ g, n I i $k I ' oar rru. aw°~. w I I vawc ua~~ar ws 5 ,.«. ___ _-. • t ~,~ ~ -S - -_ -~ - i ~ i K ~ ; 4 ` ~ ~~~ t ti i~~& s t ~ K ~ -7 I ~Q y .. ~ > ~ ~~ i . ~ I ~ _~ ~_ ~ ~ ~ ~ ~ ~ x ~I ~y~~ i ~ Y ~~ E w ~~ i i i ° i ~~ i~E g i• ~ ~ ~ '. as ~: .~ { RI , ~ , ~~ ~~~ s~= b' #~ I~~ 4e k ~6~~E~'i~~ i