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Home My WebLink AboutOrdinances (O-09-1715)-04/07/2009ORDINANCE 0-09-1715 AN ORDINANCE AMENDING ORDINANCE 0-06-1567 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABIUTY 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 Council approved Ordinance 0-06-1567 on March 21, 2006, to establish residential zoning on approximately 22.9 acres now known as Heritage Oaks Addition; 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 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 0-09-1715 Page 2 of 4 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 amending Ordinance O- 06-1567. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 22.9 acres of the Heritage Oaks Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map and Exhibit "B" labeled as Site Plan. 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 attached and single family detached dwelling residential development, constructed at a maximum density of 4.6 dwelling units per acre. b. A maximum of 103 total dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. 2. PERMITTED USES a. Single family detached and attached homes with no more than one dwelling unit allowed per each platted lot. 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage Single-Family. Attached Single-Family Detach• 2,700 sq. ft. 3,600 sq. ft./4,500 sq. 30 ft. 40 ft./50 ft. 90 ft. 90 ft. 5 ft. 5 ft. none 5 ft. 3.5 ft. 3.5 ft 90% 75% Ordinance 0-09-1715 Page 3 of 4 4. OPEN SPACE a. This development shall provide not less than thirty (30) percent common open space, which shall generally be configured as shown on Exhibit "D" of Ordinance 0-06-1567. All open space areas shall be landscaped and maintained by the Homeowner's Association. 5. OTHER a. All single family detached dwellings must be equipped with a fire sprinkler system and approved by the Fire Marshal. b. A replat shall be submitted and approved by the City Council, prior to issuance of a building permit for any single family detached dwelling. 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. Sec. 10. THAT Ordinance 0-06-1567 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. Ordinance 0-09-1715 Page 4 of 4 The first reading and public hearing being conducted on the ~~~ day of 2009. Th second reading and public hearing being conducted on the ~ day of 2009. ATTEST• ' Cynthia Singleton, TRMC, MC City Secretary CITY OF COLLEYVILLE ~~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~` _~ ` ~' Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 5311 5300 f : -t_ .}, k" a S~_ - 4 . ~. ]:- :- a ~~ ~~~ i° -= 52U3 .:~--. r~1. K:~ 5309 5303 pG 5207 5205 ~~ 5zao 142 B 5201 13 q 1aa 7 1 ~ y , 4 Y 7 ay` ,jO 123 P3 By a ~ ~-~`' 6129 UA 512 PU D R szso y ~•51TE ' S1, 8 N 5113 5110 1 m BOA 9144 5017 50 ~ 53 k3 ~' 9J49 BLACKJACK aq a 9]42 20 53 0 ig ~ 5052 57 12 5013 5056 61 ~ 5008 5009 5060 65 5064 5069 3706 9104 9D05 e GLADE RD 3608 3612 ~ 3609 3613 PU DR 3sos 3609 4900 36D4 3608 3612 ~~~ `' Exhibit "B" -Site Plan _ -v-` fmxruxreg i'.anar+g: ~3(, u~~uo, s-.< r•* E I ~- -- -~_> _. _.«.m ~.._ V ~~ w ,....... _ 7 ~ f _i .. .. ... ... ..._.._,~.,_ _~..~_ .... ~ •,.... „ . ~ ., i+ ,. , 'f E ~ -- ,;, PRFSfy(iVE -- ~, ~> __ ,.~.\"`1 J ~~ N' ! 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