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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 m 5808 o°o ~ 2405 3407 2501 5807 1 5801 5604 58 D3 5802 58 D5 2800 2404 2408 2500 5800 5803 AG ai ~ ^ ~ r~ ~ 2505 2607 o 25 D9 Cil~l Of N ~ `" Grapevine 5D ~ ~ Site 5704 2500 250 ~;~~ s,~ 25 D5 2505 1505 2500 5762 S 2504 eeDa 5700 ~ 501 Q 2503 ,'t ' 5008 i , G~ ~ :': 5005 -6800 se9a REEKSI 5803 2400 2402 2404 6002 5800 5801 ~ 5~~'' RF _y 2406 .., .,__~. 5506 5509 6600 - 2401 2403 2407 2403 56 D6 5507 5505 ' 2400 2402 2404 408 5504 QU Y ~" 5480 2700 2702 27 U4- 3800 2802 28 D4 2808 2808 29 D0 2 5503 5502 - 5500 5501 'i" ~ „ 2703. 2705 2407 >6500 2605 2807 3800 29'~ 2401 2403 2500 2502 2504 2508 26 DO 2602 28 D4 2405 2408 2700 2702 5402 3806 zeD2 PUDR 3400 2402 2404 2400 2501 5408 54 D5 5406 5405 5900 '2804 2709 2408 2703 2801 2808 - 2803 5404 5404 5403 5404 5403 5310 6311 '2806 3808 9 2401 2403 3405 403 2800 5308 5309 2607 29[ 540 5401 5402 5401 5308 w^^ A ~ ^ A ^ ~ !\^ cxnipit --a_ - ~.~nc~~~uai ~i« rian .._... __......... ,~ I ~~ ~ ~~ '' oia i ~~ i 01 ~ r .I $ i ~ `~ ;~ ~ < r~4 i~ ! 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I~ ~ n b' p~~ _ ! +s' I ~~ ¢ya'yy~ I I ~~. lid .... ~-. ~ I ' a I ~ -r ~ C i., - , ~'~I' T ' I ~ ~~~ _ ~7~ ` _ i K'I ~ ~_r ~ m i. ., ~=° -rya , ~i D~~~ _ -, ~, i ., I ~ti ~~ _ `'o ~ _ __ T j i Sa ~ ~ ~. ~ I ~~ ~ ''2 ~ ~_ ~ ~I ~- ~ ~ bi I I of i{ X i ,I - ~ ~r 1, ~ ;, ~ ~ £ i , _ I ~ g~ ~ ~~,_ i ,~ i~F ~~~ - _ ~~~-~,J--°_'~ ~ ~i VI r- ;~ i _ ~ ~ ~_ Yp~~€ A _ 8g€~~.. _ ~ I t n ~ / a ~ ~ _ ~~~~~ ~~ ~ ~ ~~~ ~ ryes ~~~~~- ~ ._~~~~~,~ ~~~ `\ .,.. ~- _ ,~ D^USiY COCRT ~j gg roo„g o v oa. ~z 4n O ~i7 a 7 a Es s~' ~ Q3o ~R ~,~ ~fi~~ ~~~~x~ ~~~~a rs ~ 7s~ "~ ~ s ~s tt Frl ts' ik ON ~~0 9~ ~~~o ui Y_ __~ dN i3-d {[7 r~ i WT1=O '° ~ ~ m'~ ~~ ~N NCO ~iil i f ~ t # ~ 00 C7O ~ '~'~g~''8 a~ ~ ~ j ! ~ ~ t3 ~ ~ mm~~ ~~ owgNO ~ S' ..~ ~,2 e i r al #'` ~ ct t m_~ m ~~a~ "'~~~ 3 ~~€A ~ I F c a f 3's ~ I r, i X a° 3 ~ R ~ r 56' I~ p ~ A~ 4. ,2 M ~ i 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..