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HomeMy WebLinkAboutOrdinances (O-98-1106)-12/15/1998ORDINANCE 0-98-1106 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 53.265 ACRES OUT OF THE R.B. WILLIAMS SURVEY, ABSTRACT 1674, TRACTS 213, 2F, 2, AND LOT 1 OF CIRCLE B ESTATES; AND THE D. J. BEDDO SURVEY, ABSTRACT 232, TRACT 2G, IN THE CITY OF COLLEYVILLE, TEXAS, FROM THE AG (AGRICULTURAL) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT -RESIDENTIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by David Bagwell, The David Bagwell Company under Case No. Z-98-014; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the property shown on the attached Zoning Exhibit "A" and described by metes and bounds as indicated on the attached Exhibit "B" shall be rezoned from the AG (Agricultural) district to the PUD-R (Planned Unit Development -Residential) district and the Official Zoning Map and Zoning Ordinance of the City of Colleyville, Texas are hereby amended by the terms of this ordinance. Ordinance 0-98-1106 Page 2 of 13 Sec. 2. THAT the statement of planning objectives and development schedule attached as Exhibit "C", together with the site plan attached as Exhibit "D", and other supporting documents which are incorporated herein by reference and shall become a part of this ordinance. Sec. 3. THAT the Master Plan of the City of Colleyville, Texas, is hereby amended, if applicable, to reflect the rezoning of this property. Sec. 4. THAT the following General Development Standards shall be applicable to this development: A. Permitted Uses — the development of this tract of land shall primarily consist of single-family detached dwelling units. B. Subdivision Plat — upon zoning approval, the developer shall submit a Final Plat for approval by the City, said Final Plat shall generally be consistent with the attached site plan. C. Open Space Requirements - this development shall provide open space areas which meet or exceed a minimum of twenty (20) percent of the total land area of the development. Said open space may include the trail system specified elsewhere in this ordinance. The open -space areas shown on the attached site plan shall be owned and maintained by the homeowner's association of this development, except where the open space is dedicated as a public trail right-of- way, which shall be the responsibility of the City of Colleyville to maintain. D. Park Land Dedication Fees — this development shall only be responsible for payment of park land dedication fees of $310.11 per lot. E. Perimeter Street Costs, Trail System Costs and Roadway Impact Fees — the developer's obligation for perimeter streets and trail systems shall not exceed a total of $175,000 and the applicants for building permits shall be responsible for roadway impact fees, the payment of which shall be fulfilled as follows: 1) the developer shall build a trail system within or abutting this development in the location where generally shown on the attached Exhibit "E"; said trail shall be constructed in accordance with the technical specifications contained on the attached Exhibit "F" and the developer shall dedicate 25' trail system right-of-way adjacent to right-of-way dedicated for John McCain Road, Westcoat Road, and McDonwell School Road, except as shown on Exhibit "E'; the developer shall additionally pay to the City of Colleyville a cash payment equal to the difference between the total construction costs of the trail system and $175,000. If the total construction costs of the trail Ordinance 0-98-1106 Page 3 of 13 system exceed $175,000, then no additional cash payment from the developer is required for perimeter streets. (2) the City of Colleyville shall collect roadway impact fees upon issuance of every building permit for construction of each single family dwelling situation within this Planned Unit Development, said roadway impact fee shall be determined by dividing the direct total construction costs of the trail system, including but not limited to design, permit and inspection fees, bonds, site preparation, e.g. grading, retaining walls, and seeding, erosion controls, a concrete sidewalk, cleanups, etc., by the number of newly created platted lots minus one (for Lot 1, Block 1, of Exhibit "E". F. Screening Fence — prior to receiving a certificate of occupancy each builder shall construct a metal tubular fence which is similar to a wrought iron material and plant live shrubs of the "nandina" variety, or other consistent variety approved by the City Manager, according to the specifications of this paragraph. Metal fence shall be similar to the attached Exhibit "G". Shrubs shall be a minimum height of three feet at time of planting and spaced in a row parallel to and a consistent distance from the fence on all lots abutting the city owned park property. Shrubs shall be planted three feet (T) on center so as to create a solid screening fence within three years of planting and installed along or adjacent to the common property line on those lots abutting the city owned park property. Said screening fence to be maintained by the property maintenance association of the development and said shrubbery to be maintained and replaced as necessary by the individual lot owners. G. Access — the subdivision plat shall not have public access to John McCain Road. Two access points shall be allowed on Westcoat Road, one of which shall be a gated access for emergency purposes only. Access on McDonwell School Road shall be as shown on the site plan with gated emergency access as shown. H. Maximum Density — the development shall not exceed a density of more than 1.6 dwelling units per acre over the entire development. I. Front Building Setback Lines - minimum 30 feet , except for lots on Ridge Court, Smallwood Lane, Bartram Lane, and New Forest Lane which shall have a minimum of 25 feet of front building setback. J. Corner Lot Side Building Setback — on a corner lot, the side building setback abutting a street right-of-way shall be a minimum of 20 feet; no front door of a dwelling shall face a side building setback line on a corner lot. K. Side Yard Building Setbacks — a side yard setback as narrow as 6 feet is allowed, provided that a minimum of 20 feet of side yard separation Ordinance 0-98-1106 Page 4 of 13 exists between structures on adjacent lots. L. Rear Yard Setback — minimum 25 feet, except for lots on Ridge Court, Smallwood Lane, Bartram Lane, and New Forest Lane which shall have a minimum of 10 feet of rear yard setback. M. Street Standards and Rights of Way — streets shall be thirty-one feet (31') wide and be constructed of five (5") inch, 3,000 psi, concrete within a minimum right-of-way width of 50 feet, except for single loaded streets which may have a 40 foot right-of-way width with a 5 foot utility easement abutting the unloaded side of the street. N. Tangents Between Curves — the minimum tangent distance between curves shall be waived, but shall be approved by the City Engineer. O. Sidewalks — sidewalks shall be required for all lots within this development, except no sidewalks shall be required in rights -of -way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. P. Drainage Plan — after approval of the zoning, the developer shall submit a drainage and grading plan to be approved by the City Engineer as a part of the Final Plat. The drainage plan shall indicate those lots on which retaining walls are required. A note shall be placed on the Final Plat stating that builders are responsible for any retaining walls required to obtain a building permit. Drainage swale construction shall be the responsibility of the builders on individual lots and shall not be required of the developer for City acceptance of public improvements. Subject to approval by the City Engineer on a case -by -case basis, lot -to -lot drainage may be allowed across two contiguous lots before discharging to an acceptable drainage facility. Concrete pilot channels are discouraged and will only be used where necessary to accommodate drainage concentrations when other drainage methods are not acceptable. There shall be no prohibition against regrading, expanding, and/or eliminating existing ponds, nor against additional ponds on the property in order to accomplish the storm drainage plan, provided such plan is approved by the City Engineer. Q. Entryway Signs — Developer is permitted to erect entry signs including one column on each side of the streets entering the subdivision, said columns may exceed forty-five inches (45") in height, but not to exceed the height allowed by City ordinances. Such entry signs may be constructed within the street right-of-way and/or the triangular medians, provided said signs do not obstruct the view of traffic as determined by the City Engineer. R. Offsite Water, Sewer and Drainage Facilities — the developer shall not be responsible for costs associated with any offsite water, sewer and drainage facilities necessary for the support of this development. Ordinance 0-98-1106 Page 5 of 13 S. Private Streets — Developer is permitted to make streets in the western portion of the property served by access to McDonwell School Road private. Sec. 5. THAT the zoning regulations of the City of Colleyville contained in the R-20 District and all other regulations shall remain applicable to this development except where specifically provided for in this ordinance. Sec. 6. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The fi t reading and public hearing being conducted on the 2 5+ day of u1� 1998. The second reading and public hearing being conducted on the `i day of 1998. Tabled at second reading approved by council on 12/15/98 ATTEST: 10 4_4,4i .i n Harris, CIVIC City Secretary Ross T. Foster City Attorney OF CO ILLE I (L� Richard Newton Mayor TO FORM AND LEGALITY: IN I -lvo I :Ei J I �1� ER I r B �� IPRM N Ic is IA Tl-IAI/ BRIE51Plc� I _ Lam_ 1 ��—:.ci OHN AItE! IFS PUD-i 'i cm_ y 6 Q I Woo c �: , a a 1 I ORDINANCE 0-98-1106 EXHIBIT "A" PROPERTY DESCRIPTION BEING the following described tract or parcel of land situated in the R.B. WILLIAMS SURVEY, ABSTRACT NO. 1674, and in the D.J. BEDDO SURVEY, ABSTRACT NO. 232, Tarrant County, Texas, and being a portion of on 80.0 acre tract (First Tract), a 10.0 acre tract (Second Tract) and a 26.0 acre tract (Third Tract) as conveyed to A.G. Benedict and wife, Moble Benedict by Deed recorded in Volume 1892, Page 545 of the Deed Records of Tarrant County, Texas, and being more particularly describe as follows: BEGINNING at on old iron rod at the Southeast corner of Lot 3, Block 1, Neidholt Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the Plot recorded in Volume 388-123, Page 64 of the Plat Records of Tarrant County, Texas, and being the most Easterly Northeast corner of a 15.0 acre tract as conveyed to Jerry W. Neidholt by Deed recorded in Volume 4779, page 614 of the Deed Records of Tarrant County, Texas, and being in the West line of said R.B. Williams Survey and the East line of the D.J. Beddo Survey, Abstract No.232, Tarrant County, THENCE North 0 degrees 33 minutes 17 seconds East, a distance of 406.57 feet to on old iron rod in the south line of John McCain Road: THENCE South 87 degrees 06 minutes 05 seconds East, along the South line of said John McCain Road, a distance of 806.24 feet to on iron rod: THENCE South 87 degrees 09 minutes 40 seconds East, along the South line of said John McCain Road, a distance of 102.08 feet to on iron rod and being in the Westerly line of Westcoat Road: THENCE South 36 degrees 33 minutes 07 seconds East, along -the Westerly line of said Westcoat Rood, o distance of 60.55 feet to on iron rod; THENCE South 41 degrees 45 minutes 25 seconds East, along the Westerly line of said Westcoat Road, a distance of 13.49 feel to an iron rod: THENCE South 4 degrees 04 minutes 20 seconds East, along the Westerly line of said Westcoat Rood, a distance of 48.75 feet to on iron rod and being in the West line of said Westcoat Rood; THENCE South 16 degrees 42 minutes 11 seconds West, along the West line of said Westcoat Road, a distance of 620.41 feet to an old iron rod at the Northeast corner of Lot 1, Block 1, Circle B Estate, on Addition to the City of Colleyville, Tarrant County, Texas: THENCE North 89 degrees 32 minutes 13 seconds West, a distance of 5.21 feet to an iron rod found; THENCE South 16 degrees 30 minutes 36 seconds West, a distance of 600.03 feet to an iron rod found: THENCE South 89 degrees 31 minutes 57 seconds East, a distance of 5.20 feet to an iron rod found; THENCE South 16 degrees 32 minutes 22 seconds West, along the West line of said.. Westcoat Road, a distance of 193.30 feet to the beginning of a curve to the right having a radius of 1987.4 feet whose center bears North 73 degrees 26 minutes 03 seconds West, a distance of 1987.4 feet; THENCE Southwesterly along said curve and along the West line of said Westcoat Road and through a central angle of 12 degrees 46 minutes 00 seconds, a radius of 1987.4 feet to on iron rod found: THENCE South 29 degrees 18 minutes 22 seconds West, along the West line of said Westcoot Rood, a distance of 371.49 feet to on iron rod at the begin,QWg of a curve to the left having a radius of 803.13 feet whose center bears South 60 degrees'40 minutes East, a distance of 803.13 feet; THENCE Southwesterly along said curve and along the West line of said Westcoot Road and through a central angle of 27 degrees 03 minutes 59 seconds, a distance of 379.4 feet to on iron rod at the intersection of the West line of said, Westcoat Road with the North line of Mc0onwell School Road: THENCE North 89 degrees 48 minutes 23 seconds West, along the North line of said McDonwell School Rood, a distance of 756.45 feet to an iron rod: THENCE North 00 degrees 28 minutes 34 seconds East, a distance of 1286.64 feet to an iron rod; THENCE South 89 degrees 27 minutes 41 seconds East, a distance of 646.89 feet to on old iron rod at the southeast corner of said 15.0 acre tract: THENCE North 00 degrees 02 minutes 48 seconds West, a dislonceof 910.04 feel to an iron rod and being in the North line of said 80.0 acre tract and the South line of o 4.286 acre tract as conveyed to Jerry Neidholt by Deed recorded in Volume 3881, Page 655 of the Deed Records of Tarrant County Texas to the POINT OF BEGINNING, containing 53.265 acres or 2,320,234 square feet of land more or less. ORDINANCE 0-98-1106 EXHIBIT `rB" BENEDICT/McPHERSON ZONING REQUEST Supplemental Information pUD.R SPECIAL CONDITIONS See accompanying document STATEMENT OF PLA NKNG OBJECTIVES Objective #1. Preserve to the extent practical���and � ve natural features of the property (creek P tive trm) by cunmu ing development thereof - Objective 41 Preserve the area's rural ambience by providing non- residential land use buffer at the perimeter of the development (adjacent to Westcoat, l.icDonwell School Road and a portion of John McCain Road) by means of a trade with the City of CollevvMe for 7.9 acres of its surplus parkland nearby. provide neighborhood recreational and aesthetic en- hancement by means of private open space. With approximately 29% of the developmen �ss alley committed to public and offset I p o revenue and lot sizes are necessary high costs of development - DEVELOPMENT SCHEDULE Antidpated first home sales are in in the year 2001. 1999 with last home sales forecast STATEmENLi T OF PROPOSED OWNERSHIP Initially, all land will be owned by the developer. Upon acceptance of public improvements (streets, drainage and utilities) or at a later mutually acceptable to the City of ColleyviAe and to the developer, non -trade park land would be dedicated. Private ownership of open ORDINANCE 0-98-1106 EXHIBIT "C" spaces would be accomplished owners association- UTgnES TO BE PROVIDED with the creation of a property Water and sanitary sewer service will be provided from existing lines nearby - ORDINANCE 0-984106 EXHIBIT "C" k ,§ ) f � ) \Rp %)§)'ƒN,! N ~» +%§• R d) k 7 Ah/'g @illfil § .m w j!/ ml,mm§iw i |\ fill! \ \cif § 11 kill,(�) mi§$b!§ k�\\\/§))(\§\ ORDINANCE o a41« EXHIBIT "D " r.-19 0 c ORDINANCE 0-98-1106 EXHIBIT "E" SPECIFICATIONS FOR COLLEYVILLE TRAIL SYSTEM: A The multi -use trail will be constructed at a point at the westernmost line of the property fronting on John McCain Road, east along John McCain Road, south along Westcoat Road, and west along McDonwell School Road to the westernmost point of the property along McDonwell School Road as illustrated in Exhibit'D'. B. The trail right-of-way width shall be no less than 25 feet nor more than 50 feet at all points of the trail. C. The right-of-way will be dedicated to the City at the time of platting. The exact configuration will be determined at that time. D. The trail shall be no less than ten feet (19) wide concrete construction with two feet (2) wide improved shoulders. The trail edge shall be no closer than seven and one-half feet (7-1/2') to the edge of either right-of-way line. A clear, level and flat two feet (2') wide shoulder on each side shall be provided throughout the length of the trail, and should be widened to up to five feet (6) if side -slopes are present, such as when crossing over culverts or drain pipes. E. The trail shall be constructed of 5 inch (5') thick concrete reinforced with #3 re -bars eighteen inches (I V') center to center each way. F. Bridges, culverts or special intersection treatments as required by the City Engineer shall be constructed at the expense of the developer. EL CROSS SECTION TRAIL CROSS SECTION for BAGWELL-WESTMONT ORDINANCE 0-98-1106 EXHIBIT "F" b Z/I ,Z r ORDINANCE 0-98-1106 EXHIBIT "G" V X w O I cV w J Q U V)