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HomeMy WebLinkAboutOrdinances (O-13-1867)-05/07/2013 ORDINANCE 0-13-1867 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 12.04 ACRES ON TRACTS 3, 3E, AND 3F, OF ABSTRACT 936 OF THE JOSEPH M. LOONEY SURVEY AND LOT 1, BLOCK 1, OF THE BONE ADDITION FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUD-R-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 i DATE j WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC12-025; 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 . r Ordinance 0-13-1867 Page 2 of 9 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. 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 12.04 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey and Lot 1, Block 1, of the Bone Addition from the R20-Single Family Residential zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and as legally 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 36 detached dwelling units, constructed at a gross maximum density of 3.0 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, attached as Exhibit "C". Ordinance 0-13-1867 Page 3 of 9 c. The subject property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "D", Conceptual Site Plan, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "D" 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 PUD-R. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size: 8,500 square feet b. Minimum Lot Depth: 140 feet c. Minimum Lot Width: 60 feet at the building line d. Front Building Line: 15 feet; 20 feet for a front facing garage e. Side Building Line: 5 feet, or 15 feet on one side and 0 feet on the other side f. Rear Building Line: 20 feet g. Maximum Lot Coverage: 50 percent Ordinance 0-13-1867 Page 4 of 9 h. Minimum House Size: 2,500 feet 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development. a. Minimum roof pitch: 10:12 b. Garage Standard: A minimum two car garage shall be constructed with wood, architecturally enhanced doors. c. Masonry: The exterior wall of all homes shall be composed of 100 percent masonry materials. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6-Building Design of the Land Development Code. d. Elevation requirements: Elevations shall have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. Roofing shall contain either 40 pound Architectural Dimensional shingles, slate, tile or standing seam metal. Each elevation shall add interest to the entire street scape. e. Windows: Aluminum windows are prohibited. Windows shall be of higher quality and energy efficiency and shall be insulated glass with a "low-e" specification. G. OPEN SPACE a. This development shall provide a minimum of 23 percent common open space, as shown on Exhibit "D", 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 may be utilized for storm water retention not to exceed 25 percent of the common open space area. Ordinance 0-13-1867 Page 5 of 9 7. PRIVATE STREETS AND SIDEWALKS II 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. A curvilinear 10 foot wide trail shall be constructed within the open space area along the entire length of Glade Road. Said trail may be located on private property within the open space provided it is located within a public pedestrian access easement. b. All streets in this development shall be private. Right-of- way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 40 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb. A five foot utility easement shall be located along both sides of all internal streets. c. All gates shall meet the minimum requirements of Chapter 14-Engineering Design Standards in the Land Development Code. 8. FENCES, SCREENING AND LANDSCAPING a. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. b. All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. c. Where open space lots border adjacent properties, either the existing fence shall be maintained or improved, or a decorative metal fence shall be installed, all in cooperation with the adjacent property owner. d. An eight foot decorative masonry wall shall be constructed by the developer along the entire north property line in order to screen the development from the Justice Center and City parking lot to the north. Ordinance 0-13-1867 Page 6 of 9 e. All lots shall contain a minimum of one (1) three-inch (3") caliper tree in the front yard adjacent to the street right-of- way. Each lot shall be fully landscaped with an approved irrigation system in the front and rear yard prior to the final inspection. f. Prior to the acceptance of final public improvements, evergreen shrubs shall be planted by the developer in the open space lot such that a living screen is created between the required wrought iron fencing and Bluebonnet Drive providing for a continuous screen of the backyards in the development that back up to Bluebonnet Drive per Exhibit "F". Shrub species shall be allowed per the specifications in Chapter 4-Landscaping and Buffering in the Land Development Code. Said shrubs shall be maintained by the homeowner's association. g. A minimum of four, three (3) inch caliper Live Oak trees and five ornamental screening trees, as defined in Chapter 4-Landscaping and Buffering in the Land Development Code, shall be planted in each back yard along the west property line per the attached Exhibit "E" by the homebuilder prior to the final inspection. h. A minimum of three, three (3) inch caliper Live Oak trees shall be planted in the backyard of all lots on located on the east side of the development where no existing trees of equal inches currently exist per Exhibit "F". All trees shall be planted by the homebuilder prior to the final inspection. 9. DRAINAGE a. Lateral pipes and inlets shall be installed to eliminate surface drainage from sheet flowing from the subject property onto the Bridges at Riverwalk development. Final design and construction shall meet the requirements of the Land Development Code. b. Detention ponds shall be constructed to reduce flows to that of existing conditions per the City of Colleyville drainage design standards with pond outfalls into the northern pond of the Bridges at Riverwalk development and southern pipe system stubbed to the property. Ordinance 0-13-1867 Page 7 of 9 10. OTHER a. All driveways and private walkways shall be of a washed aggregate or stamped finished concrete. b. An emergency access easement shall be located at the - Block 1, of north cul-de-sac such that it connects to Lot 1, o , the Colleyville Community Center Addition. The developer shall dedicate an emergency access easement on Lot 1, Block 1, o f the Colleyville Community Center Addition n such that it connects the emergency access easement on the subject property to Bluebonnet Drive. All costs associated with the dedication of the easement on Lot 1, Block 1, of the Colleyville Community Center Addition shall be paid by the developer. Said easement shall not cross, intersect, or touch Lot 2, Block 1, of the Colleyville Community Center Addition. The final configuration of said easement shall require the final approval of the city manager or her/his designee. The emergency access easement and its associated gate shall meet all Land Development Code requirements. c. There shall be no rear facing second story windows for any homes with a rear elevation that faces either east or west. d. Prior to the acceptance of final public improvements, evidence of a cash escrow of $10,000 shall be provided to the City. Said escrow shall be dedicated for any necessary dredging of any retention/detention ponds in the Bridges at Riverwalk development. e. The developer shall construct a new sidewalk such that it connects to the existing sidewalk around the north side of the justice center in order to connect to the sidewalk that is currently alongside Riverwalk Drive. The sidewalk shall match the existing sidewalk. f. Prior to the issuance of the grading permit for this development, the developer shall install a temporary construction entrance with signage directing all construction traffic to enter along the north property line of the project. All construction traffic shall be directed by the developer to enter into the project from the north. Ordinance 0-13-1867 Page 8 of 9 g. The homeowners association shall be responsible for 50 percent of the maintenance and repair of the screening wall between the Bridges at Riverwalk and Fountains at Riverwalk developments and the subject property. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of March 2013. The second reading and public hearing being conducted on the 19th day of March 2013. Ordinance 0-13-1867 Page 9 of 9 PASSED AND P ROVED by the City Council of the City of Colleyville, Texas, on this the day of 2013. ATTEST: CITY OF COLLEYVILLE y , , 0 1 7( c/A-/ Amy -helley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: %Ms\ Matthew C. G. Boyle City Attorney 0 Exhibit A —Location and Zoning Map C a ''ita K S FO � ¢ f fl�3'yy G 100 r a3 11 1111 06 `��� 4Y i t..f _ s °s�E 5��14A33k A".1 Ez00i ii i I "I1' 1411 1 1509 I 6112 afro .. 1904 f T3 P'71 /5C 1501 19E7 x,90's i lLia3 ` Site no 5100 '5170 /i10 1, 1111 a 21 r, _ w I , W =ell ;.te 108 u rte 113 p !i .r S�QS 5'11 01(14 . -- -EPP 0131 •Al +� 1 R Ili- . 61,3 -7 7 �1 6 -- 5+04 6CS .r V �... I M 6 $100 III 5 00 /410 1. ". I Y\ha(4 1,O1;14([110 M 'F�,6'C1 t2pC ! ,�a. 0.:911 r .1R s 5101 I 7 ' J1 1� 'J1s0 i ' X93,7 60 6 01 / �p — / �b1,2 1.ter M, 1e P4.60'5 .1111 11,1 5012. IAMB _ 1 1 T 5213 ( 3 - 0309 * BOCK .T - .m11 'o t ' 1104 x09 1412,1T-4'130( 690x[ asA r ..... '51.10) 6lG 50DQ 911. I • 15x+ . .. �..N 6005 a.cr, M�� 010(1l It t ."'r ..� .... _ 1(€ 1912 .�.--�.-..._. 5004 aae � 1913 1690 �J,�- ,xYl ,• _� - 91[ mfi I. 1124 nze j Ills 1000 r E 1 1309 e ® • ,,r.._ ,_,,, ...._ Jam,,. "I' ROD 1 4000 :. 4I0 III 9f 05 . .1x01 'l ICY III z M MA 11aQ N,2 1 1213 11 le Leos �,z i�.� _.rr am . t3`6 Exhibit B - Legal Description BEING a 12.04 acre tract of land situated in the J.M. Looney Survey, Abstract No. 936., City of Colleyville. Tarrant County,Texas, Said 12.04 acre tract of land being all of that certain tract of land as conveyed to Marion B. Bone, as recorded in Volume 11364, Page 1830 and Volume 6868, Page 158 and Volume 8620 Page 641, Deed Records, Tarrant County. Texas. Said 12.04 acre tract of land being all of those certain Save and except tracts of land as conveyed to Arnold Del Hierro and wife Charlotte Del Hierro and Garrison B. Bone and the Homestead of said Marion B. Bone,as recorded in Volume 8603, Page 2266 and said Volume 11384, Page 1830, said Deed Records. Also being all of that certain Lot 1, Block 1 of the Bone Addition. An addition to the City of Colleyvddle. As recorded in Cabinet J88-2U0, Page 2 , Map Records, I arrant County, Texas. Said 12.04 acre tract of land being more particularly described by metes and bounds as follows. BEGINNING at a PK Nail set, being in Glade Road,a variable width public roadway- right-of-way. Said paint being South 01 degrees 00 minutes 12 seconds East„25.41' from a 518 inch iron rod found, being the Southeast corner of that certain Bridges at Riverwalk Addition, an Addition to the City of Colleyville, as recorded in Cabinet A, Slide 7749, Map Records, Tarrant County,Texas. Said point being the Southwest corner of the tract herein described an follows; THENCE. North 01 degrees 00 minutes 12 seconds West, along the common line of said Bone tract and Bridges at Riverwalk tract, generally along a brick, stone screening wall, a distance of 1,334.50 feet.to a 518"inch iron rod found, being the Northwest corner of the said 12 04 acre tract as hereon described Also being in the South line of that certain tract of land as conveyed to the City of Col leyville as recorded in Volume 13998, Page 371,said Deed Records;, THENCE, North 89 degrees 32 minutes 31 seconds East,along the North line of said 12.04 acre Bone tract,a distance of 396.00 feet to a 112 inch iron rod, set,with cap stamped RDS, INC..being the Northeast corner of said 12.04 acre Bone tract, also being in the occupied West line of Bluebonnet©rive,a variable width public roadway- right-of-way; THENCE, South,00 degrees 44 minutes 45 seconds East, along the East line of said 12,04 acre tract and along the West line of said Bluebonnet Drive, a distance of 1,334.60 feet to a PK Nail set, being the Southeast corner of the said 12 04 acre Bone tract. Said iron rod being in the aforementioned Glade Road: THENCE, South 89 degrees 33 minutes 46 seconds West along the South line of said 12.04 acre Bone tract,a distance of 390.00 feet to the POINT OF BEGINNING and containing 12.04 acres of land, more or less. Exhibit C - Statement of Planning Objectives "Me/Pre e,rrva ' on,on'Claud Colleyville_Texas-March 11,2013 Sage Group,Inc. Statement of Planning Objectives- The Preservation on Glade is a proposed residential neighborhood to be developed by Terra.'Manna,LLC under the Planned Unit Development regulations for Residential development(PUD-R)in the City of Colleyrville. The 12.04 acre property is located on the northwest side of the Glade Road-Bluebonnet Drive intersection. The property is currently zoned Residential-201R-20)and is occupied by two single family homes,open space and agricultural areas. The surrounding area is fully developed.To the north is the Colleyville Police Center,to the west lies The Bridges at Riverwalk PUD-R,containing existing Office buildings along Glade,with"Villa"residential along the remainder.Across Glade Road is existing residential in an area zoned R-20 and AG.Across Bluebonnet Drive,to the east,is existing single family residential in a mix of R-20 and R-40 zoning. The subject tract is shown on the Future Land Use Plan as"Single Family Residential" for the northern 3:4 of the site,with a layer of"Office"along Glade. We believe there would be a limited market for office in this location and are suggesting that the adjacent Offices in Riverwalk,with access to Riverwalk Blvd already present a logical conclusion to the office uses along Glade Road,and that a better use for this property would be to begin a transition from the office and higher density residential to the west,in The Bridges at Riverwalk PUD,to the lower density residential to the east with only a Single- Family Residential use. This proposal,which transitions between the Office and smaller lots to the west in the Bridges at Riverwalk(6-7,000 s.f)with residential lots averaging over 9,200 s.f to the larger lots along Bluebonnet,and over 23%Open Space,is consistent with this and-we believe-the surrounding uses. The property generally slopes down from east to west and from our discussions with staff and the adjacent neighbors,we learned there is a concern regarding the existing sheet flow of drainage onto their lots.Our intention would be to capture that drainage and direct it to the appropriate drainage facilities and resolve this concern as an issue. Preliminarily,we believe the developed areas downstream have accounted for`fully developed"drainage coming from this property.but we have commissioned a drainage study to illustrate the current conditions and make sure this development-as proposed- would meet the requirements of the ordinances regulating development and drainage. Silt runoff will be strictly controlled during construction.In addition,we have agreed to have our engineers work with an independent civil engineer,hired by the Bridges at Riverwalk HC)4,to verify the effectiveness of our proposed improvements. Exhibit C - Statement of Planning Objectives (Continued) Quality and compatibility with the adjacent residential,as well as the rest of Colleyville are essential,and we have designed this proposal with those goals in mind. The residences planned for The Preservation on Glade will be very upscale,with selling prices estimated to range between 8500,000 to over S700,000. The development will have as its focal point,and feature,an open space and landscaped perimeter located along the frontage of Bluebonnet Road and Glade Road,saving many of the existing trees located along those frontages.The main entry road has been carefully located between some of the best trees identified on the tree survey,and will result in a spectacular entry experience. Because of the traffic along Glade,and the safety concerns related to the somewhat limited visibility beyond the Bluebonnet/Glade intersection,we have chosen to locate our entry road on the much less travelled Bluebonnet Dr.The internal road is planned to be a gated private road with a Resident/Visitor gate at the southern end,designed to meet all the city standards for such an entry.An emergency-only entry into the city-owned parking lot to the north will also be constructed,providing a second point of access.We propose to build the normal Colley~ille street section of 31' (back of curb to back of curb),in a 40' R.O.W.with 5'utility and sidewalk easements on either side. The large existing trees in the open space area along the perimeter roads have been taken into consideration in project planning and as many of them as possible will be preserved during development. In addition to the existing trees we will save within the open space areas,there will be a requirement of a front yard tree for every residential lot to be installed by the home builders,adjacent to the street right of way.Two trees will also be installed in each rear yard,where existing trees do not already exist.To encourage pedestrian activity in the neighborhood,sidewalks will be built along the front of each lot.and the required 10'trail will be built along the Glade Rd.frontage. The indicated landscaped setbacks,along Glade and Bluebonnet,will be preserved within an open space lot,to be owned and maintained by The Preservation Homeowners Association. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The design criteria of the homes will create high quality homes in keeping with both the immediate neighborhood and Colleyville as a whole. Development Schedule The Preservation on Glade will be developed in a single phase with the development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately upon completion of the subdivision's infrastructure. Economic Development Information The Preservation on Glade will have a total of thirty-six(36)homes,each with an average estimated value upon completion of approximately$500,000 to over 5700,000.. resulting in an overall tax base of 521,600,000,based on a$600,000 estimated average. At the current tax rate of 2.694677%,the total taxes generated from the development are projected to be$582,050,with$80.450 generated directly for the City, Exhibit C - Statement of Planning Objectives (Continued) Development Standards Permitted Land Use: Single Family Residential Detached Minimum House Size: 2.500 square feet. Minimum Lot Area: 8.500 s.f. Minimum Lot Width: Sixty feet(60')measured at the building setback line. Minimum Lot Depth: 140' Front Yard Setbacks: Fifteen feet(15')back of the property line.20'to Face of Garage. Rear Yard Setbacks: Twenty feet(20') Side Yard Setbacks: Five feet(5')on each side_or Fifteen Feet(15')one side/Zero feet(0')other side. Minimum Roof Pitch: Minimum of a 10:12 roof pitch. Garage Standard: Minimum of a two car garage. Fencing: Wood fencing between lots is permitted. All front elevation fences,from the front of the house to the side property line,shall be open style fencing of decorative metal,and/or masonry. All lot boundaries along Common(_)pen Space areas shall be open style fencing of Decorative Metal,and/or Masonry. Where lots back to existing residential lots,the existing fence shall be kept. Where open space lots border adjacent properties, either the existing fence will be maintained.or a Decorative Metal or Wooden fence will be installed,as per the Fencing Plan. Streetseape Standards: Minimum of one(1)three-inch(3")caliper tree per each front yard,and two(2)three inch(3")caliper trees per each rear yard on all lots(credit toward this requirement for preserving existing trees will be given). Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. Front Yard Maintenance: The open space lots within the subdivision shall be maintained in a consistent.uniform manner by The Preservation on Glade Homeowners Association through dues collected from the individual homeowners. Membership in the Homeowner's Association is mandatory. Exhibit C - Statement of Planning Objectives (Continued) Street Design Standards: Right of Way: Forty feet(40') Travel Lane Width: Thirty-one foot(31'),back of curb to back of curb Turning Radii: Twenty feet(2(Y) Open Space Standards: The Common Open Space shall he either left natural(where disturbance and irrigation may harm existing trees)or fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall he owned and operated by The Preservation on Glade Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: A monument sign identifying the subdivision shall be built at the entry from Bluebonnet Drive and/or incorporated into the masonry wall adjacent to that entry. 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