HomeMy WebLinkAboutOrdinances (O-07-1645)-11/06/2007ORDINANCE 0-07-1645
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE
ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY,
ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H.
WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING
DISTRICT TO 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
WHEREAS, the City of Colleyville has received an application for a rezoning under
Case No. Z-07-008; 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
to, 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
Ordinance 0-07-1645
Page 2 of 6
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
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.
/, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LEYVILLE, 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 by reference
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
108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H.
Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and
the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning
district to PUDR-Planned Unit Development Residential zoning district, as
depicted on Exhibit "A" labeled Location and Zoning Map and as described
on Exhibit "B" labeled Legal Description.
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 2.4 dwelling units per acre. There shall be no
more than 269 single-family residential lots.
b. Commercial lots shall be permitted along the frontage of Heritage
Avenue.
c. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where specifically
amended by this Ordinance.
2. CONCEPTUAL PLAN, SITE PLAN, AND PLATTING
a. The development shall be generally consistent with this Ordinance
and the Conceptual Site Plan, labeled as Exhibit "C", which shall not be
Ordinance 0-07-1645
Page 3 of 6
considered a plat. The developer shall submit and receive approval
from the City for any amendment to the Site Plan in accordance with
the phasing of the development of any portion of this PUDR. A detailed
Site Plan submission shall, at a minimum, meet the requirements of
Section 3.23 J.K.6. of the Land Development Code, be consistent with
this Ordinance, and may also be required to show additional conditions
provided in Section 3.23 M.b. of the Land Development Code. Further,
such detailed site plan(s) shall be considered as a legislative approval,
subject to the sole discretion of the City Council upon the
recommendation of the Planning and Zoning Commission.
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.
3. PERMITTED USES
a. Single-family residences, detached.
b. All commercial properties shall allow only uses permitted in the
following zoning districts that are; (1) either State of Texas sales tax
generating businesses, or (2) professional offices: CN-
Neighborhood Commercial zoning district, the CC1-Village Retail
zoning district and the CC2-Shopping Center zoning district.
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the following
provisions. Planning Area "A" refers to lots adjacent to western property
line.
Planning Area "A"
a. Minimum Lot Size 9,000 square feet
b. Minimum Lot Width 70 feet
c. Minimum Lot Depth 120 feet
d. Front Building Line 20 feet; or 15 feet for a front
swing garage
e. Side Building Line 5 feet
f. Rear Building Line 30 feet
g. Maximum Building Height 40 feet
h. Maximum Lot Coverage 65%
Ordinance 0-07-1645
Page 4 of 6
Planning Area "B"
a. Average Lot Size
b. Minimum Lot Size
c. Minimum Lot Width
d. Minimum Lot Depth
e. Front Building Line
f. Side Building Line
g. Rear Building Line
h. Maximum Building Height
i. Maximum Lot Coverage
5,500 square feet
5,000 square feet
50 feet
105 feet
20 feet; or 15 feet for a front
swing garage
0, 1 or 9 feet with a 10 foot
minimum between buildings
10 feet
40 feet
65%
5. OPEN SPACE AND LANDSCAPE BUFFER
a. A 10 foot wide landscape buffer shall be designated along the entire
western property line. No structures may be constructed within the
landscape buffer. The landscape buffer shall be incorporated in the
rear lots of Planning Area "A". Such landscape buffer shall is not an
open space lot. Chapter 5 of the Land Development Code applies to
this landscape buffer in particular and the development as a whole. In
addition, the Section 5.9 Tree Replacement Requirements shall apply
to any replacement tree greater than three (3) inches in diameter
which is substantially damaged or which dies within two (2) years of
final inspection.
b. Open space lots shall be maintained by the Homeowners Association.
c. The following amenities are permitted in the open space lots: picnic
tables, benches, playground equipment, concrete and crushed granite
walking paths, a gazebo, an arbor, other garden type built elements
including a fireplace, fountains, lights and a dock and pier. These
amenities shall be owned and maintained by a homeowners
association.
6. PRIVATE SIDEWALKS AND STREETS
a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall
be constructed on-site along with all other public improvements as
part of this development between Glade Road and Cheek Sparger
Road and prior to the time of Final Plat. The City Manager or his
designee may approve a reduced trail width of eight (8) feet if
necessary based upon topographic, landscape, or other issues. Such
trail shall be included as part of any Site Plan submittal, and shall be
consistent with the City's then existing Master Trail Plan.
Ordinance 0-07-1645
Page 5 of 6
7. SCREENING
a. An eight (8) foot masonry wall shall be built between any commercial
and residential lots.
b. An eight (8) foot masonry wall shall be built along the perimeter of the
subdivision along Heritage Avenue, Glade Road and Cheek Sparger
Road. The design for such wall shall be stamped and sealed by a
licensed engineer. The standards and detail for such wall shall be
included as part of the detailed Site Plan.
c. Perimeter fencing along Heritage Avenue shall only be required
immediately adjacent to lots, and not be required along where
floodplain or open space is adjacent to Heritage Avenue.
8. OTHER
a. Ingress and Egress from Winewood Place shall be restricted to
access by emergency vehicles only.
b. The number of lots allowed with frontage on a cul-de-sac street shall
adhere to the requirements of the Land Development Code.
c. The portion of the development located south of Little Bear Creek
shall have a minimum of two (2) points of public vehicular ingress and
egress from Cheek Sparger Road and/or Heritage Avenue.
d. There shall be no direct access onto Glade Road from this
development.
e. There shall be no single family uses allowed adjacent to Heritage
Avenue where there are, as of the passage of this ordinance, existing
commercial uses directly across Heritage Avenue within the City of
Euless.
f. Retaining walls that are adjacent to residential lots shall be
constructed with a stone facade.
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 specifically 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
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Page 6 of 6
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.
ND IT IS SO ORDERED.
first reading and public hearing being conducted on the /~ ~ day of
~~g~~~ 2007. ~4Q--
he second reading and public hearing being conducted on the I ~ day of
~i1-~/niri~/ ~ 2007.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~~/~~~
David Kelly C~
Mayor
ROVED AS TO FORM AND LEGALITY:
~~~ ~~ ~" ~
Matthew C. G. Boyle
City Attorney
Exhibit "A" Location and Zoning Map
Exhibit "B" Legal Description
CREEKSIDE AT COLLEYVILLE (PUD-R)
108.5 ACRE ZONING TRACT
BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX
SURVEY, ABSTRACT N0.352, THE JOHN H. HAVENS SURVEY, ABSTRACT
N0.685, THE JESSE DOSS SURVEY, ABSTRACT N0.441 AND THE S.C.H.
WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT
COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF
GLADE ROAD AND THE INTERSECTION OF;
THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND
HERITAGE AVENUE, A DISTANCE OF 99.73 FEET TO A POINT FOR CORNER IN
THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE;
THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE
FOLLOWING COURSES AND DISTANCES;
S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER;
S OS°25'11" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER;
S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
27°31'41 ", A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET,
A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF
533.45 FEET TO A POINT FOR CORNER;
S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46",
A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A
CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86
FEET TO A POINT FOR CORNER;
S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15",
A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A
CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82
FEET TO A POINT FOR CORNER;
S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNE~E C E IV E D
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Page 1 of 3
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ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 FEET,
A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF
968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE
NORTH R.O.W. LINE OF CHEEK SPARGER ROAD;
THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK
SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL 1 IN
DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME
16472, PAGE 390 OF THE DEED RECORDS OF TA-RRANT COUNTY, TEXAS
(D.R.T.C.T.);
THENCE N 00°01'23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A
DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF
SAID PARCEL 1;
THENCE S 89°02'53" E, ALONG THE NORTH LINE OF SAID TRACT 1, A
DISTANCE OF 549.10 FEET TO A POINT FOR CORNER;
THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING
COURSES AND DISTANCES;
N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER;
S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN
THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND
DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP
PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED
RECORDS OF TA-ItRANT COUNTY, TEXAS (D.R.T.C.T.);
THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET
TO A POINT FOR CORNER;
THENCE N 00° 15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR
CORNER;
THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR
CORNER;
THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER;
THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR
CORNER;
Page 2 of 3
l:~S LD~02421300~SDATA~ZONING.doc
THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER;
THENCE S 00°27'31" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER;
THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR
CORNER;
THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
13°35'47", A RADIUS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A
CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET
TO A POINT FOR CORNER;
THENCE S 76° 13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS.
Page 3 of 3
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