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Home My WebLink AboutOrdinances (O-08-1672)-05/06/2008ORDINANCE 0-08-1672 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 18.2 ACRES ON LOT 1, BLOCK 1 OF THE RIVER VALLEY RANCH ADDITION AND LOTS 1A AND 1B, BLOCK 1 OF THE TATE ADDITION, FROM THE AG-AGRICULTURAL AND R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS TG 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 f~OT 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-08-008; 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, Manic, 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 Ordinance 0-08-1672 Page 2 of 6 '~ 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. 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 of approximately 18.2 acres on Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1B, Block~1 of the Tate Addition, from the AG- Agricultural and R40-Single Family Residential zoning districts to the PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map. 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 4.0 dwelling units per acre and one commercial lot. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. Ordinance 0-08-1672 Page 3 of 6 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with Exhibit "B" labeled conceptual site plan, 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, approved as a single phase, 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. Common open space areas c. All uses permitted in the CC2-Shopping Center zoning district only on the property designated as commercial on Exhibit "B". '~~ 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "B", shall control where such building line setback is different from the following requirements. The locations of 50 foot wide lots versus 60 foot wide lots shall be determined per the attached Exhibit "C" labeled Zoning Lot Exhibit. 50 Foot Wide Lots: a. Minimum Lot Size b. Minimum Lot Depth c. Minimum Lot Width d. Front Building Line e. Side Building Line f. Minimum Building Separation g. Side Building Line Along Street h. Rear Building Line 5,000 square feet 100 feet 50 feet 15 feet 5 feet, 3 feet or 7 feet 10 feet 10 feet 10 feet 60 Foot Wide Lots: a. Minimum Lot Size b. Minimum Lot Depth c. Minimum Lot Width 6,600 square feet 110 feet 60 feet Ordinance 0-08-1672 Page 4 of 6 d. Front Building Line e. Side Building Line f. Minimum Building Separation g. Side Building Line Along Street h. Rear Building Line 15 feet for swing garage; 20 feet for front facing garage 5 feet 10 feet 10 feet 10 feet 5. OPEN SPACE a. This development shall provide a minimum of 20.3% common open space, as shown on Exhibit "B", which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space amenities shall include a gazebo and five picnic tables to be located as shown in the attached Exhibit "B". c. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. This development may be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances of the Land Development Code. 7. SCREENING a. A six (8) foot tall wrought iron fence shall be constructed along the frontage of Murphy Road as depicted in the attached Exhibit "B" prior to the acceptance of public improvements for the development. b. A living screen/split rail fence shall be built on the west property line as depicted in the attached Exhibit "B" prior to the acceptance of public improvements for the development. Ordinance 0-08-1672 Page 5 of 6 c. A minimum six (6) foot tall wood fence shall be built along the north property line as depicted in the attached Exhibit "B" prior to the acceptance of public improvements for the development. d. An eight (8) foot tall cedar board on board fence shall be built along the entirety of the east property line of the development prior to the acceptance of public improvements for the development. e. One three-inch caliper tree per each 10 feet of street frontage shall be planted in all open space areas along street frontages prior to the acceptance of public improvements for the development. 8. OTHER a. Retention ponds shall include at least one aeration device per pond. b. All homes built along Guthrie Court as well as homes built on lots 15 through 18 along Benjamin Way, as depicted in the attached Exhibit "B", shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. c. All street right-of-way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 50 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb. d. Any buildings constructed on the commercial lot shall meet all requirements for new commercial construction in the Land Development Code, except where amended herein. 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. Ordinance 0-08-1672 Page 6 of 6 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 2008. The second reading and public hearing being 2008. ATTEST: ~- Cynthia Singleton, TRMC, CMC City Secretary conducted on the f~~day of conducted on the ~~ day of CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: I~~~, Matthew C. G. Boyle City Attorney Exhibit "A" -Zoning and Location Map Exhibit "B" -Conceptual Site Plan _ _ _ ~ ~ - n cm m ~ ~ ~ - ~ O / ~ Ji c~ r ~ ~o ~ l- G ~° ~ ~ n Mlnlmum Wood Serve F«+n City f Keller 5 ~.~~~,~ ~~. . ,2• DRAI s ~;.G~ ~ ~T~~I GSM, -~ •,q. wa-.isz, . s VOL. 38 -207. ?,. 74 S'vtndrConemYTOtI .48"'E ' 59 ?0' II 1 rd8 a'J1~"18~~E 311.15' MatMalnad by-XOA 23 fJ89 . -_ -_-_- _ m~ ` CI A G j Uj ^~ i !~ O.wT Q S O J ~ ~ s 7 ~r '^ w I O P. G G i ~ • ~ ' } f ~ (2 Z Imo IJJ I ~ • I O ~"g o W / I ' ~`- G .r' EC 1a i Minimum 6' Wood M r1, e ~, I I ~ W i \ •\ X09 ~f w ~ •. Q,I ~ ~ ' ~~ ~ / Q ~• ~.. min ; '!- _ > W ~ ! / I~ ~~ ~ stow ,_w mG / ~ _ rgy i ~`.. 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