HomeMy WebLinkAboutOrdinances (O-08-1696)-12/02/2008Withdrawn December 2, 2008
ORDINANCE 0-08-1696
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 10.4 ACRES ON LOTS 1A, 2, 3,
AND 4, BLOCK 1 OF THE WILDWOOD ESTATES ADDITION, FROM THE RE-
SINGLE FAMILY ESTATE RESIDENTIAL 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 a rezoning under
Case No. Z-08-018; 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, 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
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
Ordinance 0-08-1696
Page 2 of 6
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 10.4 acres on Lot 1A, 2, 3, and 4, Block 1 of the Wildwood
Estates Addition, from the RE-Single Family "Estate" Residential zoning
district to the PUDR-Planned Unit Development Residential zoning district,
as depicted on Exhibit "A" and described in Exhibit "C".
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 3.5 dwelling units per acre and three
commercial lots.
b. Any buildings constructed on the commercial lots shall meet all
requirements for new commercial construction in the Land
Development Code, except where amended herein.
c. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by this
ordinance.
Ordinance 0-08-1696
Page 3 of 6
2. CONCEPTUAL PLAN AND PLATTING
a. The subdivision shall be generally consistent with Exhibit "B", 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 CPO-Professional Office Commercial
zoning district, with the inclusion of physician, dentist, optometrist,
and chiropractic uses, 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:
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
6,400 square feet
115 feet
56 feet at building line
15 feet
3 and 7 feet
10 feet
10 feet
10 feet, 25 feet for lots
that back to the western
edge of this development
Ordinance 0-08-1696
Page 4 of 6
5. OPEN SPACE
a. This development shall provide a minimum of 26.6% 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 two benches 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. 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.
7. SCREENING
a. A minimum six (6) foot tall masonry fence shall be constructed along
the northern residential lot boundaries adjacent to Hall Johnson Road
and along the eastern residential lot boundaries adjacent to Pool
Road, Lots 1 and 12, Block 1 and Lots 1 and 18, Block 2, as depicted
in the attached Exhibit "B".
b. A minimum eight (8) foot tall masonry panel fence shall be built along
all rear residential property lines on Lots 1 through 12, Block 1,
adjacent to the commercial lots as depicted in the attached Exhibit
«B~,
c. An eight (8) foot tall cedar board on board fence shall be built along
the western property line of the development from Lot 6 to18, Block 2,
as depicted in the attached Exhibit "B".
Ordinance 0-08-1696
Page 5 of 6
d. A six (6) foot tall wrought iron fence shall be constructed along the
rear property lines of Lots 1-5 and side property line of Lot 6, Block 2
and along the west property line of Lot 2 and south property of Lot 3,
Block 2 as depicted in the attached Exhibit "B".
8. OTHER
a. Retention ponds shall include at least one aeration device per pond.
b. The commercial properties, as depicted in the attached Exhibit "B",
shall have a minimum front setback along Pool Road of 25 feet.
c. The 25-foot rear setback along the properties adjacent to the Oak
Creek subdivision shall include a minimum 25-foot landscape buffer.
d. Two minimum 3-inch caliper evergreen trees, with a minimum height
of 14 feet, shall be installed in the rear yards of all lots adjacent to the
Oak Creek subdivision, within ten (10) feet of the common property
line, prior to issuance of a building permit on the associated lots.
e. Westward facing windows shall not be allowed on the second floor of
any residence to be constructed on lots adjacent to the Oak Creek
subdivision. Exception will be granted for transparent clerestory
windows (minimum height of eight (8) feet from the floor of such
second story) and non-transparent windows.
f. The developer shall construct an entrance marker at the northeast
corner of the development upon completion of an entry way and way
finding study. The marker shall meet the design specifications as
~I required by the entry way and way finding study.
g. Exterior building materials shall be composed of a minimum of 80%
masonry with no artificial stone or synthetic materials. All chimneys
must be made of brick or stone.
h. The minimum roof pitch shall be constructed at a 10:12 ratio.
i. All mechanical equipment shall be screened from public view.
j. Residential driveways shall incorporate the use of enhanced paving or
masonry accents.
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.
Ordinance 0-08-1696
Page 5 of 6
d. A six (6) foot tall wrought iron fence shall be constructed along the
rear property lines of Lots 1-5 and side property line of Lot 6, Block 2
and along the west property line of Lot 2 and south property of Lot 3,
Block 2 as depicted in the attached Exhibit "B".
8. OTHER
a. Retention ponds shall include at least one aeration device per pond.
b. The commercial properties, as depicted in the attached Exhibit "B",
shall have a minimum front setback along Pool Road of 25 feet.
c. The 25-foot rear setback along the properties adjacent to the Oak
Creek subdivision shall include a minimum 25-foot landscape buffer.
d. Two minimum 3-inch caliper evergreen trees, with a minimum height
of 14 feet, shall be installed in the rear yards of all lots adjacent to the
Oak Creek subdivision, within ten (10) feet of the common property
line, prior to issuance of a building permit on the associated lots.
e. Westward facing windows shall not be allowed on the second floor of
any residence to be constructed on lots adjacent to the Oak Creek
subdivision. Exception will be granted for transparent clerestory
windows (minimum height of eight (8) feet from the floor of such
second story) and non-transparent windows.
f. The developer shall construct an entrance marker at the northeast
corner of the development upon completion of an entry way and way
finding study. The marker shall meet the design specifications as
required by the entry way and way finding study.
g. Exterior building materials shall be composed of a minimum of 80%
masonry with no artificial stone or synthetic materials. All chimneys
must be made of brick or stone.
h. The minimum roof pitch shall be constructed at a 10:12 ratio.
i. All mechanical equipment shall be screened from public view.
j. Residential driveways shall incorporate the use of enhanced paving or
masonry accents.
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.
Ordinance 0-08-1696
Page6of6
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 day of
2008.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
David Kelly
Mayor
Exhibit "A" - Location and Zoning Map
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Exhibit "C" -Legal Description
Catalonia
DESCRIPTION OI~ PROPERTY:
BEING a [0.396 acre tract of land situated in the S.C.I-I. Witten Survey, Abstract No.
1760, Tarrant County, Texas, said tract being a
portion of that same tract of land conveyed to Richard Baca Jr. and Patricia Baca by
deeds as recorded in Volume 749(), Page 536 and in
Tarrant County Clerk's Instrument Number (T.C.C.1.No.j D205236788 of the Deed
Records of Tarrant County, Texas (D.R.T.C.T.), said
tract also being all of that same tract of land conveyed Billie Joyce Sanders trustee of The
Billie Joyce Sanders Separate Property Tnist by
deed as recorded in'I'.C.C.LNo. 17206096504 of the D.R.T.C.T., said tract also being all
of the remaining portion of Lots 1 thru 4, E3Jock 1,
Wildwood Estates, being an addition to the City of Colleyville, according to the plat
thereof recorded in Volume 388-145, Pale 67 of the
P1aC Records of Tarrant County, Texas {PR.'I'.C.T.j said tract being herein n3ore
pat~ticularly described by metes and hounds as follows:
BEGINNING at a''/z" iron rod with cap stamped "iYIOAK" found at the southeast
property corner of the said :1_.ot 4> said beginning point
being the northeast property corner of Lnt 5, Block 1, of the said Wildwood Estates, ;aid
beginning paint also being on the west
right-of-way line of Pool I2aad, being a variable width right-of-way;
THENCE South 89°2U'4fi" West, along the south property line of the said Lot 4 and
along the north property line of the said Lot 5, 481.58
feet to a''/i' iron rod found at the southwest property corner of the said Lot 4, the
northwest property corner of the said Lot 5 and at the
east property line of Block 1, Oak Creek Estates, being an ddition to the City of
Colle}n~ille according to the plat thereof recorded in
Cabinet A, Slide 258 of the P.R."I'.C.'1'.;
THENCE North UU°UU' lU" West, along the west property lines of the said lots 4 thru 1
and along the said east property line of ~E3lack 1,
Oak Creek Estates, 959.15 Peet to'ii" iron gad with crap stamped "SPOONER AND
ASSOCIATES" ('lz"GIBS) set at the northwest
property corner of the remainder of the said Block 1, Wildwood Estates, spud point being
an the south right-of-way line of Hall-Johnson
Road, being a variable width right-of-way;
THENCE North 89°26'3S" East, along the north property line of the said remainder cif
Block 1, Wildwood estates and clang the said
south right-af-way line of Hall-Johnson road, 71. i5 feet to a'/z"GIBS;
Exhibit "C" -Legal Description (continued)
THENCE North 33°32'S 1" East, continuing along the said property line and said right-of-
way line., 299.83 feet to a ~/3" iron rod with cap
stamped "GORRONDC)NA" found for corner;
THENCE South 46°04'39" East, continuing. along the said property line and said right-c~f-
way line, 140.26 feet to a S/3" iron rod with cap
stamped "GORRONDONA" found at the Northeast property corner of the said remainder
of BlocEt 1, Wildwood )/states, said point tieing
on the said west right-of-way line of Pool Road;
THENCE South 00°38' l3" East, along the east property line, of the said remainder of
Block 1, Wildwood Estates and along the said west
right-of-way line of Pool Road, 364.70 feet to the Point of Beginning containing 10.396
acres (452,347.2 Scl. I~t.) of land ntorc or less..