HomeMy WebLinkAboutOrdinances (O-13-1887)-10/15/2013 DENIED WITHOUT PREJUDICE
ORDINANCE 0-13-1887
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP
AND CHANGING THE ZONING ON 1.82 ACRES ON LOT 1, BLOCK 1, OF
THE SAN BAR SQUARE ADDITION, LOCATED AT 105 CHEEK-SPARGER
ROAD FROM THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL
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 DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC13-008; 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
Ordinance 0-13-1887
Page 2 of 6
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 1.82 acres on Lot 1, Block 1, of the San
Bar Square Addition, located at 105 Cheek-Sparger Road from
the PUD-C-Planned Unit Development Commercial zoning district
to the PUD-R-Planned Unit Development Residential zoning
district, as depicted in the attached Exhibit "A" and "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 eight (8) detached single family dwelling
units, constructed at a gross maximum density of 4.4
dwelling units per acre.
b. This development shall be generally consistent with the
Statement of Planning Objectives, Exhibit "B".
c. The proposed development is subject to all the regulations
contained in the Land Development Code, except as
amended by this Ordinance.
1
Ordinance 0-13-1887
Page 3 of 6
2. DEVELOPMENT PLAN AND PLATTING
a. The development shall be generally consistent with the
conceptual site plan, Exhibit "C", which shall not be
considered the preliminary plat. The actual street and lot
arrangement may differ from that shown on the conceptual
site plan 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, requirements accordance with the re uirements 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
a. Residential lot requirements and setbacks shall comply with
the following provisions:
1. All lots shall be a minimum of 55 feet in width as
measured at the building setback line.
2. The minimum lot size shall be 5,807 square feet.
3. The minimum lot depth shall be 120 feet, except for
lots which front the cul-de-sac.
4. Front Yard Setbacks:
a. For lots that have a J-Swing garage: 10 feet
b. For lots that have a front entry garage: 20 feet
5. Minimum Rear Yard Setback: 10 feet
Ordinance 0-13-1887
Page 4 of 6
6. Minimum Side Yard Setbacks:
10 feet between structures; One (1) foot and nine (9)
feet, or five (5) feet each side property line.
7. Maximum Lot coverage: 65 percent
5. RESIDENTIAL DESIGN REQUIREMENTS
The following requirements shall apply to all homes constructed
in this development:
a. Homes may be both single and two-story construction.
b. Two-story homes on lots 3 through 8 shall not contain any
balconies and verandas constructed on the second floor.
6. OPEN SPACE
a. This development shall provide a minimum of 16.2 percent
common open space, which shall be configured as shown
on Exhibit "C". All open space areas shall be landscaped
and maintained by the HOA.
b. No more than 25 percent of the open space area may be
utilized for detention.
7. SCREENING AND TREES
a. A wood screening fence, not to exceed six (6) feet in
height, shall be constructed at the property lines adjacent
to other residential properties to the east and south. A six
foot wrought iron fence may be constructed adjacent to the
open space Lot 2A.
b. A variable height screening fence, constructed of a
combination of brick, stone, and wrought iron will be
constructed along the north and west portion of the
property adjacent to Cheek-Sparger Road and San Bar
Lane. The screening shall be continuous along the
boundary with the exception of entry road right-of-way.
' 1
Ordinance 0-13-1887
Page 5 of 6
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 bee n fo und 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 2nd day of
October 2013.
The second reading and public hearing being conducted on the 15th day of
October 2013.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the day of 2013.
i
Ordinance 0-13-1887
Page 6 of 6
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
0 01 i _
Matthew C. G. Boyle
City Attorney
1
Exhibit "A" - Location and Zoning Map
�` c.+'r: 4104 *�
pI� Bti
a�
- 132 41001
128
ACUFF LN
:II.
�40T 129 133 LIII.
..„.„,„:,,,i,i,,,,,,,,iii_,_. ___:__,:„..1_,, f Y
/sue*. _,
Subject Ill ,11.1
J Property 1 -
108 112 '®.
s
n
.,
' -�- - •4al . _ • r
/ 123 127 3912 i
Y } � �iT� }
,li
: ' 119 121 �
K 3901; 1
? 124 128 134
FELPS CT
4r
,1 yw YZ 214 210 206 202 118 _ 114 110 100 123
` yW , �0 s 4 � / 125 127 133 3309
-� - 106
D-R 3725 y\,
211 207 115 111 3720 ` \' 108 112
116 200 204 208
3726 I 205 119 3721
/GREENBRIAR-L
3716 3717 3716 1 _
3722 I 3721 3717 3716 ' I 3717 3 IX
_..... - i 3712 �I I ,�� _.
' 3710 5717 208 204 200 II 3713 ��i 0.01.
3713
rTi ill
i II II 3713 3712
�W
3714 I 3713 212 WOODBINE D i�' ::: X19 - 3709 3708 <'. 3709
Z
V
• � I 3705 �_//
3708 l 3709 3700 l I �� 3705 3704 � 3705
3708 Q 3709 I
3700
i I "!' 3701 D I 3701 3700
3704 3233 3704 3705 3704 1 r 3701 I
I �D� 3616 /I L 1 ��� I W'�. - -
Exhibit B - Statement of Planning Objectives
August 21,2013
Briar Grove
Located at the SEC of Cheek-Sparger and San Bar
Zoning change from PUD-C to PUD-R
Revised Statement of Planning Objectives
Steve Isbell and Mark Howe have a contract to acquire approximately 2 acres of land at the southeast
corner of Cheek Sparger and San Bar.They are requesting a zoning change from PUD-C to PUD-R.The
current site is vacant and has been vacant for many years.The property was zoned several years ago
and planned for an office type development.Over the years that has proven to not be the highest and
best use for the property and the property has never been developed.The revised plan proposes 8
single family homes with open space,all to be accessed off San Bar by constructing a new Cul-De-Sac
from San Bar East across the property. The open space will be owned by a Home Owners Association
established for this project.Where drainage and utility easements are proposed,the City of Colleyville
will provide normal city services to the open areas.The plan will provide a wrought iron fence along the
open space lot backing to Cheek Sparger and a masonry fence along the balance of the perimeter of the
property with the entry being on San Bar.
Through the planning process,we are planning on saving as many trees as possible and most of the
trees on the perimeter will be retained.Drainage will be address by constructing a detention basin in the
open space lot. The open space lot will have a sitting area with two park benches and a picnic table with
a side walk to their location which will be selected to be in an area of the open space that will have
appropriate shade.
The site is located just east of a self-storage project and the 99 cent store on Hwy 26 and to the south,
north and east of the property are residential homes.
This project will provide 8 new households close to Hwy 26 and provide additional buying power for the
proposed retail along the center corridor of Colleyville.
It is the developers'anticipation that these will be lifestyle type homes for empty nesters that want to
downsize and still live in Colleyville. It is anticipated that the homes will sell from the mid$400's—mid
$500's
Development Schedule:
Zoning approval:September 2013
Preliminary and Final Plat:October 2013
Construction Commencing: November 2013
Construction Completing:May 2014
Economic Development Information:
1. Total Square footage;8 homes averaging 3200 sf at$150/sf=$3,840,000
2. Estimated sell out for the entire project is 18 months
Exhibit B - Statement of Planning Objectives (Cont.)
PUD Single Family- 8 lots
1. GENERAL
a. The purpose of PUD-R is for a single-family residential development of detached
dwelling units, constructed at a gross maximum density of 4.40 dwelling units per acre
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.
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 PUDR.
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. Building line setbacks established by the Conceptual Site
Plan, shall control where such building line setback is different from the following
requirements.
a. Minimum Lot Size 5807 square feet
b. Minimum Lot Width 55 feet
c. Minimum Lot Depth 120 feet (exception for lot lines on cul-de-sac)
d. Front Building Line 10 feet for J-Swing Garage/20 feet for Front Entry
e. Side Building Line 5 feet for center placed structure and 1' and 9'for zero
(except for lot 4 which can have side yards of 5' and 3
or 1' and 7')
f. Rear Building Line 10 feet
g. Maximum Lot Coverage 65 percent
h. Maximum Height 35 feet
5. OPEN SPACE
a. This development shall provide not less than 16.2% common open
space, which will generally be configured as shown on the Conceptual Site Plan.
All open space areas shall be landscaped and maintained by the Homeowners
Association.
b. No more than 25 percent of the open space area shall be utilized for storm water
detention or retention.
Exhibit B - Statement of Planning Objectives (Cont.)
6. SCREENING
a. A wood screening fence, not to exceed six feet in height will be constructed at the
property lines adjacent to other residential properties to the east and south, as shown
on the Conceptual Site Plan. At a minimum the pole side of the screen fence will face
into the new development along the south and east property lines.
b. A variable height screening fence, constructed of a combination of brick, stone and
wrought iron will be constructed along the north and west portion of the property
adjacent to Cheek Sparger Road and San Bar. The screening will be continuous
along the boundary with the exception of entry road right-of-way.
7. SIDEWALKS
Sidewalks will be constructed in accordance with the requirements of the Colleyville
Land Development Code.
8. OTHER
a. Homes will be both single and two story construction.
b. For two story homes there will be no balconies or verandas on the second floor of
lots 3-8.
c. Maintenance of the wood fence, masonry fence, open space and landscaping will be
the responsibility of the HOA governing the new sub-division.
d. Construction times would be limited to City of Colleyville rules and regulations
(Monday- Saturday 7:00am - 6:00pm)
e. All agreements made between the home owners to the east and south of
development will be recorded in the final development documents/ restrictions.
Exhibit C - Conceptual Site Plan
_. ...... _ __. 6'WROUGHT
• IRON FENCE
BY DEVELOPER
. _
6'
■
I WIDE SIDEWALK V
ALONG CHEEK SPARGER .,.
(TO BE CONSTRUCTED
I OR MONEY TO BE PARK OCut.A EN.P.c.118,1 0----
B ESCROWED) Milt,C,RE
I . nit Or PINA:PLAN AIRMAlier■
1 , 8"SS -9"SS ., 4:- _
'''■ 1 -•-- •,
Ai
lip-- IMMI1111111.11.11.111MMMIIMEOSPA . M
.1.111 ,
11:::i1; I. 55
1/116 32,"-•,',Z
,F;c1 •1 i
•1 II 10' BE OA■0 CCCUP.SO ICRE II.
WI Cf,14■5 OPCN SPACE E.01
,.../ ,
V M Y,
A.RIABLE HEIGHT ASONR # i). 0
!
IRON AND BRICK FENCE '
, 1
' I ' BY DEVELOPER 0
; 1 :
41
1 (\i 2 .,, \----"J 1,544 SF o Mk 2 2
-
i I . 1 ' `c
cr __
6429 SF 5842 SF 1_ ° CI 4; • ‘ 1
i -
i : z
,--"-
i ... SIDEWALK '
/ , !Zo Z Z I
I BY DEVELOPER/ 1 ■r- 0 d
3 , i.; ^1 -• L___.I
1 , ,
7--- ---..,
wi 20' BL J.
/ \
I -e! ,.•, 6079 SF . ..- .-
I, \
I i' o In
n A
-41 leaspinimirwu, - 1 102
• f k
1 i cv
■ s 1 BR I
, ;0
I IAR GROVE . ! i -
c0 1
t0'
I •, , in xi ul I In i - i
0 !
4
/
11111EMMUMIMMODWOK /' I ` i
I ;
31 ' N. 419'
/ ' 7992 SF en i
—■
—I
I ,
2O BL ----.
,., 41 co k.
.0, .
I1 4 WIDE .....,... ...,.., 5- i
I -----____.---- i
• SIDEWALK
I BY DEVELOPER
1 i
I .1
1 I
i j
5
6
7 _
_
8 -
; , -• 4\1 o
i ! • 6498 SF - 6407 SF - 5807 SF co 9938 SF
i ; I
. 1
,ol
i MI
1 10' BL 1 .
. i
55' T 55' 55
i
i 589°5911"W 173.19" i 589°4458"w
, •-•, ■ i
1 ;VARIABLE HEIGHT MASONRY, EXIST 1 NG 30N INC: R-15 i -\\* 6.woOD STOCKADE
FENCE
I I ; IRON AND BRICK FENCE
BY DEVELOPER
1 BY LAND USE: RES.
, 1 ,
i
1
ii/