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HomeMy WebLinkAboutOrdinances (O-08-1659)-03/04/2008ORDINANCE 0-08-1659 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 6.4 ACRES OUT OF THE GEORGE W. TEETER SURVEY LOCATED AT 1301 GLADE ROAD, 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 WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-002; 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, to the character of the districts and their peculiar suitability for particular value of buildings and encouraging throughout the City; and uses, with a view to conserving the the most appropriate use of land 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 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. Ordinance 0-08-1659 Page 2 of 5 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 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and is described in the attached Exhibit "B", labeled Legal Description. 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 1.4 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 0-08-1659 Page 3 of 5 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 20,000 square feet. 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet wide. 30 feet. 10 feet. 25 feet. 5. OPEN SPACE a. This development shall provide not less than 14.97% 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. Landscaping and tree preservation along Glade Road shall conform to the specifications and depictions shown on the attached Exhibit "D" labeled Entry Landscape Plan. 6. SCREENING a. All lots backing to open space areas shall contain fencing that consists of decorative metal and/or masonry. b. A six (6) foot wrought-iron fence shall be constructed along the entire western property line of the development and shall be maintained by the homeowner's association. 7. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of the new street and along Glade Road. Ordinance 0-08-1659 Page 4 of 5 $. ARCHITECTURAL FEATURES a. Driveways and Private Walkways -All shall be of a washed aggregate or stamped finished concrete. b. Masonry Requirement - 100% brick, stone or real stucco. No Finishing System (EIFS) or artificial stucco material shall be permitted. c. Garage Standard -Minimum of a three car garage with wood, architecturally enhanced doors. d. 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. e. Windows -All windows shall be insulated glass with a "low-e" specification. No aluminum windows shall be permitted. 9. OTHER a. All homes constructed in the development shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. b. The street serving this development shall contain a minimum of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. c. Upon platting, a minimum five-foot sidewalk and utility easement shall be located along both sides of the new street serving the development. d. A minimum of two (2) three-inch caliper trees shall be planted within the front yard of each lot by the homebuilder upon construction of a new home. e. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. f. A sign identifying the development shall be built at the southwest corner of the entry to the subdivision `as shown on the attached Exhibit "D" labeled Entry Landscape Plan. The sign shall meet the requirements of the Land Development Code and shall not be located within any street right-of-way. g. A masonry, or stone, retaining wall shall be constructed, and, where applicable, replace any existing retaining wall structure or material along the creek prior to the acceptance of final public improvements by the Engineering department. The wall shall be approved by, and meet the specifications of, the Engineering department and shall be maintained by the homeowner's association. Ordinance 0-08-1659 Page 5 of 5 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 2008. The second reading and public hearing being conducted on the /9~ day of „~e~~c/~Gc_.R~ar 2008. ~. ATTEST: I ~ , ~~ Cynthia Singleton, City Secretary TRMC,CMC CITY OF COLLEYVILLE t---~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Aftorney EXHIBIT "A"- Location and Zoning Map iti~~i7CN tl?. I}16 '17~ ilEL iw II ~ ~ _ SIT. t (F elf( ~ It 1 _I. 3~U7 ~ _ (., _ i i _ - l~ -i- T _ 11~~ I i,~~ ~ , . y 721: }101 i ~ 1 L , `5, i_ :'. T ~'~ ~ , -- ~itih ~ 7?~?5~ 1173 I.~? ~ ~ i!01 ~ I `, ~~,~~ -,,~, ~- . l~ ia.~ ~, ,,, ~u~[~-:na lets 75~:F7 I~ Is ~'--~`al~ ~. ~ ' '. 7 .13CC. .ry ~d ", ~__._ _. 1~`~'s ~ __.. dE ~ti f~'i5 t t ~;CF~ - ,11 - ~ ti5 1~iit1 11~~4 ~ 1P~~ '~ Iyl~ ~ ~ ~ ' ~ ~ ~`_ (3CC5 9313._.. 4i~I~ --- 1_- ~_ ~ ~~~r` ~'~~.'~ ~' 11G1 ~ +,jp-_ ~ fly '1113 ~' ~ 11;d F "'1 aTt.~ ~~~'~ 11~i~itu 1Cf, 1 t~ tt~a. ~~Crl~ R~~~:~: .~~ i ~r j5~2.i~i' Y.ia.~~ ~6 ~~:; r: r~;f; I . ~ 361? ~ 1 _.( ~ i:(-p~ ~. 4:~i±~ 631-~~--~--_ - ~- r i _ -- '.~° __ ~7. -- - - S - --- --~ t ~ ~ A'?07 ~' ~ 0 a ,f9 4E(1 I e?i3 as-ran d', it EXHIBIT "B"-Legal Description ~arnxl Ylacc ~:STateS F'lEi,!] nfJTES W ihral etciain tract situatcd in the Geo[~e ~f_ Teeter Surve~r, Af,titr,~ct Ntiml:+er f 5~#3, in t}1e City flf Calleyr~illa. T[~rrrinl C+tiunGy, Texas, ;end being the same Et~ct. drfi~ribe;i in the ~cci to Clii>,on 1~.17u.ke aad wife, CatttL~e T. woke ~v::tarrled in Volume ii318, Page 32~i r~ r tt~ Dee+l R~cxartlx of Tarrant t='aunty, Texas; the stthje~ct ira,~l bts; n~ [[ww particuhuiy d,cscribed by meteR and ltaundfi tts follow. BE~'IN1Vll~ti at ripe northeast corner oi~ sunritiC 1<'errat:~ Scrti+m one rtccording to the plat rcY~cfnl~d in '~ole~mc 388-31. I''age 66 of the Flat Records of Tarrant ~'uunty, Texas, fmm wt>uch a found lf2 iucls reh~.r Yrears Tvcxlh 1217cgmcs Eabt x dista~e of 0, a41"eet, T>-[E'_~iCE 1llaril ~ R4 ~arGC~ ~$ rllli[t1tC5 17 S~cL~d,~ EasC. V~'lttt the ra~rtlt line bf the traeE dfi~sribc~d iv the deed tv Clifton l~. Duke and wile, Ca~ndaee I. fluke: rxordedin Volume ~31ti, Pu~~ 32$ of tllc I1 Rccnrds of Tarraut Cooney, Texas {swirl iru~:l E~~inaFtt:r tufcmxi tv tts the: "Duke tr•~tct'~ a di 41x~ntc t~f 272.0 fiat to a ll2 inch Debar found at d7e n~7rth~~~t rx-rner t}tcmut and the nnr[hwe4r. earner of tl,e Irrit~l iicst;ribcd in the: deed ro Robert Gene Hubhand recoaded in Volume 5 E;A~4, F'a~e X14 cif ilea xr~i+l Dexd Rr~r~r,cls; TFIEN~E South 4I bcgrcc 37 Minutes 4G S~ecand~ Eac~ with ll'oe fit line of thn yaicl T)~~kc tra[:t wad the v~~est ling of llse said Hubhani tract cic.~4ri bed in the deed recorded in Wolurtae 5804, Page 444 and tl,o ~vcs# line of [tttr~ther tract ro said RabeM Gene FIuhhF,rd th; s +mc rswr~d in Valum~ SSi)~. Page ~4G +7J'tlte s:,irl DGC~ RccuRl~ K wlal ~li~tancv~ cif SJ. lfi fret Eo $ S,~B inch Mbar f~awid tit o-i xalirnt r.~}mrr in the Wroth line ot'~Iock l of l7~ Lakec ~~f Sa7merset rexemlrc~ in Cak-ituf A, Slide 312 of tlue said Flat Rc~err~x; '1'Hl=,['VCE South (}(1 ]7~egrees fl6 h+finul~~ 01 Sncemd R'cst, with the north lice of sa€d Black 1 a distance of 15.iJ7 feet ~ a It2 ;rreh rehr~r fc~un~i of a Entrant comer of said north lime; T1iEN('Fz Ncrtlh 89 Ucgrccs :~7 Minwc~ 43 5ecands v~~eu, cantinuinfi fViEh the north line c7f ~Iock 1 s distance 4f X6.39 fry[ k~ u ben+l in wr~i+l nimh ling, tivrn which a 5tti inch rebttr found Yre~rs l~ arth 3fi l7c~cos V4'est a distance of U.3kS feet; THENC,B I~'arrh 8'~ ae~ree~ 24 Minutes 4fi ,era~nds VTcvt, ~c+n#inuing wittl the north lino of 131txk 1 a disE'attcc af'27l?. l~ t'eet to a ~ incEti imn i}il7C (t,~t;d pipe wac removed by ~~thcr.; and sit in :1uo4hCr lUr..:ilion euui shown hecr~n) found At the s~ot7t~rst earner of 5uurisc T~~ra~:c Scw~tion Two icc~ordcd in ~alumc 38k1-3~, Fage ~}I of the said Plat Re~xar~lr dnd i?~e s+~utitw+~t ~:tarnt<r of the Duka tract; THF'.~TCF 1~+orth 0t} )~Ggn:cS 1O MinutES ~~ SECQ1LdS }rlf~fit, +Nilh ilea rti~eaE line nF tlx I]ukc ir~c-t and the 2aSt line Oif Rnid Swirit;~ ~1'C;Tr:IL'C Stx:Eiirns ~ht~ $~ TwV a tli,~tanCC t~ ~8U.5b t'CC[ DCLUIILLng to []telP'[..At::'li C?T' BFsC"rlNf~[~I~,T anal 4n+cl4singb.41~ arses. EXHIBIT "C"- Conceptual Site Plan i.. / !. i , - -~_ ~, _ ~ x .., _ - 1: i ~`~ ~ j ~/. f .~ ,~ ~ ~ ~ ~~ , ~~~~ ~~~ %~ r ._ ~~ r i ~~ ~' + .~~'~ I.. t, f ;~ ~1` ~ i ! - 1._ __ I~~~~ -~ I ~- - t t.1 1 ~, ~ ~ ~ _. J '~ EXHIBIT "D"- Entry Landscape Plan ~~ STAGKCi7~ SLABS C31~ ROCK USEQ Tom-- ~"~ ~~_~_~... CREATE TM~ WALlS f1P Tttt= SWA~L" t ~ ~ /` ~!f?E'rt+A{,K ' ~ a ~~~'_" G~A BpTTOM t?RAkWAGE SWAIN ~ ~tA~`RO~EP _ ~ pppii~~ pC7~ ~p~/~ 1~ ~^c ~? ~'7"t i t. .~ j ('~ ' -_ _ i -- ---_- ~~ j ~ PROPO~~R CANOPI' lrf- ~ ~~_ .~ ~TREE~ `~~_ ~ ~ ~ ,; - ~ i ~~, x~Sr~N• TR E5 ~--'-_ ' t TJ REM IN V~~~ ~ ~.~-b U d m ~u t9 z Q J ~~ -..~ a ' V~ i~~ 0 PROPOSED ? PROP05EP CAN©PY --F WATER TRCk9 ~~ FEATURE ~~ ~ , i 1 \~ ,r _. 4` Cf)NCRPTE _ ~'~ .r. SIDEWALK y - l - ~ ~ ~,,, -. 1 .... .t-- ._.~...»..... .. ..m~• - ~. u.~ ~ ya.r' ~. t':"RY ~AONUMENT PROP09[0 ORNAMENTAL ~~'\ TREE3 - _ CARMEI P-LACE ~; 1 ENTRY LANt}SCAPE P'Lf~N I A,1~1E~ P.A~~ TAT f S1GE GRQ~ ~.. r~>. O t Q~ ~a• 4a~ t - _ ~~' t ~ ~~~ o~