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HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2039)-04/17/2018 DENIED WITHOUT PREJUDICE APRIL 17, 2018 ORDINANCE 0-18-2039 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE 'ZONING ON 4.40 ACRES ON TRACTS 2A01 & 2A02, IN THE GEORGE W. TEETER SURVEY, ABSTRACT 1543, LOCATED AT 1309 GLADE ROAD FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUD-R 'PLANNED UNIT DEVELOPMENT - RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC18-006; 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, among other things, to 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 Ordinance 0-18-2039 Page 2 of 6 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 on 4.40 acres on tracts 2A01 and 2A02, in the George W. Teeter Survey, Abstract 1543, located at 1309 Glade Road from the AG-Agricultural zoning district to the PUD-R Planned Unit Development - Residential zoning district, as depicted in the attached Exhibit "A" and Exhibit "C", and as described in Exhibit „B„ 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 PUD-R is for a single-family residential development of detached dwelling units, constructed at a minimum density of 20,000 square feet per single family dwelling unit. 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 Ordinance 0-18-2039 Page 3 of 6 preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage, engineering design limitations 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 PUD-R. c. The total number of building lots developed on the existing Carmel Place cul-de-sac may exceed 12 building lots but shall not exceed 16 building lots. Lots dedicated for open space purposes are not counted as building lots. d. The existing street Carmel Place shall be considered sufficient to serve the 16 building lots. o Existing Right-of-Way = 40 feet o Existing Pavement Width = 31 feet o Existing Length = 770 feet o Existing Turn-Around Diameter = 100 feet (Right- of-Way), 81 feet (Pavement) e. Each lot shown on Exhibit C shall access Carmel Place via an existing Mutual Access Easement. 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: a. Minimum Lot Size 20,000 square feet. b. Minimum Lot Width 100 feet, except for cul-de-sac lots c. Minimum Lot Depth 125 feet. d. Front Building Line 30 feet. e. Side Building Line 10 feet. f. Rear Building Line 25 feet. Ordinance 0-18-2039 Page 4 of 6 5. OPEN SPACE a. This development shall provide not less than 20% 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. 6. SCREENING a. All lot lines abutting the open space area shall contain a 6- foot ornamental metal fencing. b. The area abutting the expanded Glade Road right-of-way will have a 6-foot ornamental metal fencing with decorative stone columns to match those installed to the west within Carmel Place Estates. c. A six (6) foot ornamental iron fence shall be constructed along the entire eastern property line of the development and shall be maintained by the homeowner's association. 7. 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. d. Garage Standard - Minimum of a three car garage with wood, architecturally enhanced doors. e. Roof Pitch and Roof Materials - All prominent pitched roofs shall be not less than a 10: 12 pitch except for roof coverings other than composition shingles which may have a pitch less than 10: 12 but not less than a 5: 12 pitch. Materials shall consist of 40 pound architectural dimension shingles, slate, tile or standing seam metal. f. Windows - All windows shall be insulated glass with a "low- e" specification. No aluminum windows shall be permitted. Ordinance 0-18-2039 Page 5 of 6 8. OTHER a. All homes constructed in the development shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. b. 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. c. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. 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. Ordinance 0-18-2039 Page 6 of 6 ;AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of April 2018. The second reading and public hearing being conducted on the 17th day of April 2018. P D ARPRovE15 by the City Council of the City of Colleyville, Texas, on this the 17th day of April 2018. Mayor Richard Newton AYE' Mayor Pro Tem Bobby Linda mood A 't Place 1, Tammy Nakamura fYE Place 5, Nancy Coplen NAY Place 3, Kathy Wheat fY% Place 6, Mike Taylor &u3Y Place 4, George Dodson A-E_ ATTEST: CITY OF COLLEYVILLE Chris "- e Loven, TRMC and Newton Ci • Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt L. Wyatt City Attorney Exhibit "A" - Location and Zoning Map \.W 5016 5017 5016 b 5013 5017 R-20 5019 5016 1105 1109 1121 m W 13 5012 5012 5013 --1/1 5009 5013 5008 5008 < 5011 5012 9 1104 1108 z 5005 C 5004 5009 5004 > 5005005 SABINE CT �Sool 5000 50001 5000 a, as 5009 1504 5008 4908 z 1105 PUD-R 1201 W 13o 12 4904 a 5005 5004 1117 C 1308 4900 a O 1 1112 1116 1120 1124 1128 1132 1301s'--. -R 1405 1416 1500 1600 1300 - CLABC RJ ' J 4920 1117 1201 1205 1209 1317 4900 4901 4900 4916 1108 11U 1116 1213 4912 4808 4809 4506 L.------30 CAROL LN 4908 AG 1315 4828 R-40 1109 1113 1117 1209 1309 4824 4800 4801 4800 a _ 1200 4820 .— 1108 1205 PUD-R oc cc 99. 4816 1313 4712 0 4713 4712 0 G�Ry LYNNlliE ol: z 1201 4812 IA. ZZ 1109 1113 11174 4808 4708 In 4709 4708 f -Z0 �— _ 1112 1116 1200 1204 1208 1212 1216 1300 1304 1308 1312 4612 4701 4700 CHA SWORTH DR CHATSWORTH CTE 4613 4616 a4700 1213 Q i 4613 g 1301 1305 1309 1313 AG 4608 4613 4612 4609 4612 4612 0 Z 4 X 4605 4608 4609 4608 13)0 1304 1308 1312 4606 4609 4608 4601 4604 4605 4604 ZC18-006 COLLEYVILLE ---' 1309 Glade Road i '; T E X A 5 I __ I__ DISCLAIMER: i I r This map and information contained in it were '-:, ■ _ 3 !---1 -, developed exclusively for use by the City of Colleyville. -- Any use or reliance on this map by anyone else is / at that partys risk and without liability to the II Subject Property t� !__,- ---" City of Colleyville,its officials or employees for any discrepancies,errors,or variances which may exist. Being a tract of land out of George W.Teeter Survey,Abstract No. 1543 and situated in the City of Colleyville,Tarrant County,Texas, and surveyed by Miller Surveying, Inc.of Hurst,Texas in November 2017,said tract being a portion of the same tract of land described in the deed to Robert Gene Hubbard et ux, Peggy Hubbard recorded in Volume 4069, Page 406 in the Deed Records of Tarrant County,Texas and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch steel rod found in the southerly right-of-way line of Glade Road (Co. Rd. 3036), said rod being in the northerly boundary line of"Tract No. 1"of said Hubbard Deed and also being the most northerly northwest corner of Lot 1, Block 1,Greener Acres,an addition to the City of Colleyville, Texas according to the plat thereof recorded in Cabinet A,Slide 4936 of the Plat Records of said County; Thence South 00 degrees 14 minutes 15 seconds East with the westerly boundary line of said Lot 1 a distance of 553.09 feet to a 1/2 inch "MILLER 5665"capped steel rod set for an inner corner thereof; Thence South 89 degrees 25 minutes 35 seconds West continuing with said westerly boundary line a distance of 58.10 feet to a 1/2 inch steel rod found for an outer point thereof; Thence South 00 degrees 12 minutes 14 seconds West continuing with said westerly boundary line a distance of 415.82 feet to a 1/2 inch steel rod found for the southwest corner of said Lot 1, said rod being in the northerly boundary line of Block 1,The Lakes of Somerset,an addition to the City of Colleyville,Texas according to the plat thereof recorded in Cabinet A,Slide 312 of said plat records; Thence North 89 degrees 46 minutes 39 seconds West with said northerly boundary line a distance of 151.92 feet to a point in a fence post found in the easterly boundary line of Carmel Place Estates,an addition to the City of Colleyville,Texas according to the plat thereof recorded as Instrument No. 0217142798 of the Official Public Records of said County; Thence North 01 degrees 25 minutes 38 seconds West with said easterly boundary line a distance of 985.17 feet to a cross in concrete set for the northwest corner of said Tract 1,said cross being in said southerly right-of-way line; Thence North 89 degrees 53 minutes 54 seconds East with the northerly boundary line of said Tract 1 and with said southerly right-of-way line a distance of 233.33 feet to the point of beginning and containing 4.3968 acres of land, more or less. Exhibit "B" - Statement of Planning Objectives ZONING APPLICATION NARRATIVE & PUD ORDINANCE CARMEL PLACE ESTATES EAST 1309 GLADE ROAD, COLLEYVILLE, TX 76034 STATEMENT OF PLANNING OBJECTIVES Centurion Acquisitions, LLC is requesting rezoning of a 4.3968-acre site(191,524 square feet) located at 1309 Glade Road abutting the eastern portion of Carmel Place within the City of Colleyville,from AG- Agriculture to Planned Unit Development-Residential(PUD-R).The rezoning objective is to create a complementary subdivision comprised of seven large residential lots having a generous amount of open space that will appropriately complement the existing residential development underway within Carmel Place Estates,a PUD-R District situated on the west side of Carmel Place. • The residential density is 1.59 well below the maximum residential density of the PUD-R District's required 1.8 dwelling units per gross acre. It should be noted that this does not include one-half of the abutting street(Carmel Place)which would bring the residential density to 1.45 • All residential lots have a minimum lot size of 20,250 square feet with the average lot size being 21,137 square feet.This exceeds the PUD-R District's required minimum lot size of 13,000 square feet by over 50%and the District's required average lot size of 16,000 square feet by over 30%. • All lots have a minimum of 100 feet of width at the building line thus meeting the PUD-R District's minimum lot width of 100 feet at the building line. • The proposed development will have 20%of the land area set aside for open space to be enjoyed by residents of Carmel Place Estates East, meeting the PUD-R District's required minimum open space and exceeding Carmel Place Estates open space by 30%. • Decorative 6-foot masonry fencing will be installed on the development's eastern border and ornamental 6-foot metal fencing will be installed where residential lots abut open space areas. The area abutting the expanded Glade Road right-of-way will have a 6-foot ornamental metal fencing with decorative stone columns to match those installed to the west within Carmel Place Estates.