HomeMy WebLinkAboutOrdinances (O-07-1634)-09/18/2007ORDINANCE 0-07-1634
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 5.6 ACRES OUT OF THE S.C.H.
WITTEN SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE
PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING 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-07-022; 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
REAS, 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 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 0-07-1634
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:
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 Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
5.6 acres out of the S.C.H. Witten Survey from the AG-Agricultural zoning
district to the PUDR-Planned Unit Development Residential zoning district,
as depicted on the Location and Zoning Map, labeled as Exhibit "A" and as
described on the Legal Description, labeled as Exhibit "B".
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 a single-family residential
development of detached dwelling units, constructed at a gross
maximum density of 2.9 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.
Ordinance 0-07-1634
Page 3 of 6
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
Exhibit "C", shall control where such building line setback is different from
the following requirements.
a. Minimum Lot Size
b. Minimum Lot Width
c. Front Building Line
d. Side Building Line
e. Rear Building Line
5. OPEN SPACE
10,000 square feet where adjacent to
existing residential lots not part of this
development; 8,700 square feet for all
other lots.
65 feet for interior lots, 70 feet for lots
adjacent to existing residential lots not
part of this development.
15 feet, unless the garage faces the
street; then the setback shall be 20
feet.
For interior lots: 3 feet on one side, as
designated on the site plat. The other
side yard shall have a minimum
setback of 7 feet.
15 feet
a. This development shall provide not less than 19.3% common open
space, which shall generally be configured as shown on Exhibit "C".
All open space areas shall be landscaped and maintained by the
Homeowner's Association.
b. All amenities within the open space areas shall be maintained by the
Homeowner's Association.
c. Benches and walkways shall be permitted within the open space
areas.
6. SCREENING
a. There shall be a six (6) foot tall masonry and or iron perimeter fence
Ordinance 0-07-1634
Page 4 of 6
along Hall Johnson Road and along Amador Trail, as shown on
Exhibit "C".
b. The masonry fence shall extend south along the eastern boundary of
the property to the southern property line of Lot 8.
c. There shall be a six (6) foot tall cedar wood screening along the south
~ and east boundary lines, as shown on Exhibit "C".
7. SIDEWALKS AND PATHWAYS
a. Sidewalks shall be required along both sides of the new street.
b. The developer will be responsible for replacing and/or repairing the
existing sidewalk along Hall Johnson Road, should damage occur
during the construction process, prior to the issuance of a Certificate
of Occupancy for new buildings on the site.
8. ARCHITECTURAL FEATURES
a. Driveways and Private Walkways -All shall be of a washed
aggregate or stamped finished concrete.
b. Side Yard Windows -Only non-operable, opaque windows shall be
allowed on the side of a dwelling unit facing a 3-foot side yard
setback.
c. Masonry Requirement - 80% on the ground floor, with Hardy board or
plank material or stucco material on the second floor. No Exterior
Insulation and Finishing System (EIFS) or artificial stucco material
shall be permitted.
d. Garage Standard - Minimum of a two car garage with wood,
architecturally enhanced doors.
e. Roof Pitch and Roof Materials -All prominent pitched roofs shall be
not less than a 10:12 pitch. Materials shall consist of 40 pound
architectural dimension shingles, slate, the or standing seam metal.
f. Windows -All windows shall be insulated glass with a "low-e"
specification. No aluminum windows shall be permitted.
9. OTHER
a. Irrigation -Within 60 days of the certificate of occupancy being issued,
all lots must be fully irrigated.
Ordinance 0-07-1634
Page 5 of 6
b. Streetscape Trees - A minimum of two (2) trees to be planted within
the front yard of each lot. Each tree will be a minimum of three caliper
inches.
c. Open Space Trees -The developer shall plant, at a rate of one tree
per 50 linear feet of open space adjacent to street rights-of-way.
d. Rear yard Trees -For those lots on the east and south side of the
subdivision, backing to adjacent single family homes, not a part of this
development, a minimum of two oak trees shall be planted within 10
feet of the rear property line. Each tree will be a minimum of three
caliper inches. If an existing tree, of any species, is located within the
described area, the existing tree shall satisfy this planting requirement
on a one to one basis.
e. Tree Credits -Trees to be planted within the development shall be
credited towards trees required to be planted in accordance with the
tree preservation requirements within the Land Development Code.
f. Signage - A sign identifying the development shall be built into a wall
section at the corner of Hall Johnson Road and Amador Trail. The
sign shall meet requirements of the Land Development Code.
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.
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.
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.
Ordinance 0-07-1634
Page 6 of 6
AND IT IS SO ORDERED.
first reading and public hearing being conducted on the ~ ,. day of
~ 2007.
d reading and public hearing being conducted on the /~~ day of
~-~/,~ 2007.
ATTEST: Oo.. CITY OF COLLEYVILLE
~~~
G~-~
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
(APPROVED AS TO FORM AND LEGALITY:
~ ~. ~/~
Matthew C. G. Boyle
City Attorney
Exhibit A -Location and Zoning Map
,TRACT uvl: Exhibit "B" -Legal Description
BEING all that certain to t, tract or parcel of land, out of the S.C.H. WRITTEN SURVEY, ABSTRACT 1619 in the
City of Colleyvlile, Tarrant County, Te:aa, and being aQ of a tract being described in Four Tracts in deed to
McClendon Nurseries, Inc., recorded in Volume 6777, Page 1035, all oft he Deed Records of Tarrant County, Texas,
and all lands being more particularly described by metes and bounds as [ollows:
Beginning at a set 1/2" iron rod in the East line of Amador Trail, and said iron rod being 2371.16 teat North and
449.0 fret North 89 degrees 43 minutes West from the Southeast corner of said S.C.H. Whitten Sunray;
THENCE South 00 degrees 17 minutes 00 seconds West, along the East line of said Amador Traii, a distance of
137.97 feet to a set 1/2" iron rod;
THENCE South 89 degrees 43 minutes 00 seconds East, departing the Eat line of safd Amador Trail, a distance of
134.00 feet to a set 1/2" iron rod;
THENCE North 00 degrees 17 minutes 00 seconds East, a distance of 137.97 feet to a set 1/2" iron rod;
THENCE North 89 degrees 43 minutes 00 seconds West 131.0 feet to the POINT OF BEGINNING, and containing
118,488 square feet or 0.424 acres of land.
TRACT III/II:
BEING all that certain lot, tract or parcel o[ land, out of the S.C.H. S.C.H. WRITTEN SURVEY, ABSTRACT 1619
in the Ctty of CoUeyvWe. Tarrant County, Texas, and being ail of a tract being described In Four Tracb in deed to
McClendon Nurseries, Ine.recorded in Volume 6777, Page 1035, all of the Deed Records of Tarrant County, Texas
and all lands being more particularly described by metes and bounds as follows:
BEGIIYNING at a sd 1/2" iron rod in the East line of Amador Trail, and said iroa rod being 2510.67 feet, North 00
degrea 00 minutes 12 seconds East, and 315.14 feet, North 89 degrees 59 minutia 48 seconds West from the
Southeast comer of said S.C.H. Whitten Survey;
THENCE No& 89 degrees 43 minutes 00 seconds West, s distance of 134.00 feet to a set 1/2" iron rod in the Esst
Right-of--way line of Amador Trail;
THENCE South 00 degrees 17 minutes 00 seconds West, along the East line of said Amador Trait, a distance of
137.97 feet to a set 1/2" iron rod
THENCE South 89 degrees 43 minutes 00 seconds East departing the East line of said Amador Trail, a distance of
134.00 feet to a set %" iron rod;
THENCE North 00 degrees 17 minutes 00 secoada East, a distance of 137.97 feet to the POINT OF BEGINNING,
and containing 18,488 square feel or 0.424 acres;
(Nursery Transaction)
EXHIBIT "A"
TRACT III/III
BEING all that certain lot, tract or parcel o[ land, out of the S.C.H. WRITTEN SURVEY, ABSTRACT 1619 in the
City of Colleyville, Tarrant County, Texas, and being all of a tract being described in Four Tracts in deed to
McClendon Nurseries, Inc., recorded in Volume 6777, Page 1035, aii of the Deed Records of Tarrant County, Texas,
and all lands being more particularly described by metes and bounds as follows:
Beginning at a found 1/2" iron rod at the intersection of the East line of Amador Trail and the South line oC Hall-
Johnson Road;
THENCE South 00 degrees 19 minutes 43 seconds \Ueat, departing the South lien of said Hall-Johnsoa Road and
along the East line of said Ammador Trail, distance of 123.53 feet to a set 1/2'" iron rod;
THENCE South S9 degrees 43 minutes 00 seconds Eaat, departing the East line of said Amador Trail, a distance of
134.00 feet to a set 1/2" Iron rod;
THENCE North 00 degrees 19 minutes 27 seconds East, a distance of 125.04 feet to a set 1/2"iron rod in the South
line of said Hall-Johnaoa Road;
THENCE South 89 degrees 38 minutes 14 seconds West, along the South line of said Hall-Johnson Road, a distance
of 134.00 feet to the Point OF Beginning, and containing 16,tiS3 square feel or 0382 acre of land.
TMCT HIJ[V:
BEING all that certain lot, tractor parcel of land, out of S.C.H. WHITI'EN SURVEY, ABSTRACT 1619 in
of Colleyville, Tarrant County, Tezas, and being ali of a tract being described in Four Tracts in deed to Mc(
Nurseries, Inc., recorded in Volume 6777, Page 1035, all of the Deed Records of Tarrant County, Texas, and
lands being more particularly described by metes and bounds as (allows:
Beginning at a foitnd 5/8"iron rod in the East line of Bald S.C.H. WRITTEN SURVEY at the north east cor
Arbor Estates, an addition to the City of ColleyvtUe, Tarrant County, Texas, according to the plat thereof ri
in Volume 388-202, Page 36, and in the West line of Oak Creek Estates, an addition to the City of Colleyvill~
Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 258, both of the Plat Rea
Tarrant
County, Texas, and acid iron rod being 2087.70 feet Worth, from the Southeast corner of said Whitten Surv~
THENCE North 00 degrees 17 minutes 00 second: East, along the Eaat line of acid Whitten Survey and the
of Oak Creek Estates a distance of 145.50 feet to set 1R" iron rod;
THENCE North 89 degrees 43 minutes 00 seconds West, departing the East line of said Whitten Survey ant
West line of acid Oak Creek Estates, a distance of 449.00 feet to set 1/2" iron rod in the Eaat line of Armadt
THENCE South 00 degrees 17 minutes 00 aecoads \Vest, along the East line of said Amador Trail, s distanc
145.50 feet to a set IR" iron rod at the Northwest corner of said Arbor Estates;
THENCE South 89 degrees 43 minutes 00 seconds Eaat, departing the East fine of land Amador Trail, and
North line of acid Arbor Estates, a distance of 449.00 feet to the POINT OF BEGINI~TING, containing 65,3?
feet or 1.500 acres of land.
NOTE: The Company does not represent that the above acreage or square footage calculations are correct
(Leroy McClendon Transaction)
EXHIBIT A
TRACT 1
BEING a tract or parcel of land out of S.C.H. WHI'1"TEN SURVEY, ABSTRACT 1619 in Tarrant County
and bring more fully described by metes and bounds as follows:
Beginning at a point to the South line of a County Road, being 2647.1 feet North and 105.0 feet North 89 d
minutes West from the Southeast corner of said S.C.H. WRITTEN SURVEY;
THENCE North 89 degrees 43 minutes West 105.0 feet along the South line of said County Road to iron p
corner;
THENCE Soutb 00 degrees 17 minutes West 413.9 feet to Iron pin in the North line of Tract D;
THENCE South 89 degrees 43 minutes East 105.0 feet along the North line of said Tract D to the Southwf
of Tract E;
THENCE North 00 degrees 17 minutes East 413.9 feet along the Wat line of Tract E to the POINT OF
BEGINNING, and containing 1.0 acres of land.
SAVE AND EXCEPT the portion conveyed to the City of Colleyville, in right-of--way deed, dated January
recorded in Volume 14204, Page 542. Tarrant County Records. Tarrant County, Texas.
TRACT 2:
BEING a tract or parcel of land out of the S.C.H. WRITTEN SURVEY, ABSTRACT 1619 in Tarrant County.
Texas, and being more fully described by metes and bounds ce follows:
Beginning at a point in the South line o[ County Road, the Northwest corner of tract F, and being North 2617.1 feet
and 210.0 [cet North 89 degrees 43 minutes West of the Southeast corner of said Survey;
THENCE North 89 degrees 43 minutes West 105.0 feet along the South line of the said County Road to iron pin for
corner;
THENCE South 00 degrees 17 minutes West 113.9 feet to an iron pin in the North line of Tract D;
THENCE South 89 degrees 43 minutes East 105.0 feel along the North line of said Tract D to the Southwest corner
of Tract F;
THENCE North 00 degrees 17 minutes East 413.9 feet along the West line of said Tract F to the POINTOF
Beginning and containing 1.0 acres of land.
SAVE AND Expect hat portion conveyed to the City o[ Colleyville, in right-of--way deed, dated January 24,2000
recorded in Volume 14204, Page 542, Tarrant County Records, Tarrant County, Te:aa.
Being all that certain lot, tractor parcel of land situated in the S.C.B. Whitten Survey, Abstract No. 1619, in the
Ctty of Colleyville, Tarrant County. Texas, and being all of a tract ss described in deed to Ronnie McClendon,
recorded in Volume 10959, Page 1362, Deed Records, Tarrant County, Texas, being more particularly described by
metes and bounds as [oolows;
Beginning a t a found 1/2 inch iron rod in the East Iine of S. C .H. Whitten Survey, and said Iron rod being 2233.20
feet North 00 degrees 00 minutes 00 aecond# East, from the Southeast coiner of said S.C.H. Whitten Survey;
Thence North 89 degrees 43 minutes 10 seconds West, deporting the Bart line of said Whitten Survey, a distance of
107.05 feet to a set 1R Inch iron rod;
THENCE North 00 degrees 34 minutes 15 seconds West, a distance of 401.98 feet to a set 1/2 inch iron rod in the
South line of Hall Johnson Road;
THENCE North 68 degrees 93 minutes Ol second East, along the South line of said Hall Johnson Road, a distance of
103.21 feet to a found 1R inch iron rod;
THENCE South 00 degrees Ol minute 17 seconds West, a distance of 404.49 feet to the Point of Beginning and
containing 42,381 square Feet or 0.973 acres of land.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE ANDIOR SWUARE FOOTAGE
CALCULATIONS ARE CORRECT.
Countersigned
Ameristar Title Co. Inc.
Exhibit C -Conceptual Site Plan
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