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Home My WebLink AboutOrdinances (O-02-1366)-10/01/2002 ORDINANCE 0-02-1366 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 36.264 ACRE TRACT OF LAND OUT OF THE W.C. NEWTON SURVEY, ABSTRACT 1182, FROM THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT AND THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Larry Cole for Norma J. Jones and Jerrell W. Jones on July 29, 2002, under Case No. Z-02-023; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "8", by changing the zoning of said property from the R40 Single Family Residential district to the PUD-R Planned Unit Development Residential district and the PUD-C Planned Unit Development Commercial district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. Ordinance 0-02-1366 Page 2 of 6 THAT the PUD-R area shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development, constructed at an approximate density of 3.53 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" PERMITTED USES a. Single family residences, detached b. Open space 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 7,200 square feet 60 feet 120 feet, except cul-de-sac lots 20 feet 6 feet 1 0 feet 4. DWELLING UNIT CONSTRUCTION REQUIREMENTS a. The minimum dwelling unit size shall be two thousand five hundred (2,500) square feet. At least two thousand three hundred (2,300) square feet shall be located on the first floor of the dwelling unit. b. The exterior wall surface area of each dwelling unit shall be constructed of ninety percent (90%) brick, stone, stucco or other masonry material. The area of window and door openings shall not be included in the calculation of this requirement. This requirement shall only apply to the first story of the structure. c. The front elevation wall surface area of the dwelling unit shall not be constructed of siding or non-masonry material. Ordinance 0-02-1366 Page 3 of 6 d. The primary roof of the dwelling unit shall be constructed with a roof pitch of not less than a 10:12 pitch. e. All chimneys shall be constructed of brick, stone, stucco or other masonry material. f. Not more than forty percent (40%) of the garage doors shall face the street. Garage doors shall be constructed of wood or wood-faced steel. 5. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty percent (20%) of the residential project area as common open space 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. b. The common open space may be utilized for storm water detention purposes. 6. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits within this PUD-R and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 7. SIDEWALKS a. The developer shall construct a 5-foot wide sidewalk along L.D. Lockett Road at the same time as other public improvements are constructed in the subdivision, unless funds are escrowed with the City for future construction of the sidewalk. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. Sec. 3. Ordinance 0-02-1366 Page 4 of 6 THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for office, retail, and office- warehouse land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES The PUD-C area shall be divided into two sub-areas as shown on the attached Exhibit "C" and the list of permitted uses shall be limited to the areas designated for each use, as shown below: a. Sub-area 1 permitted uses allowed by right: (1) All uses allowed in the CC1 and CC2 District (2) Along Precinct Line Road, the building floor area in the front two hundred fifty (250) feet shall consist of sales tax- generating retail uses b. Sub-area 2 permitted uses allowed by right: (1) All uses allowed in the CC1 and CC2 District (2) Office-warehouse c. Sub-area 3 permitted uses allowed by right: (1) All uses allowed in the CC1 and CC2 District (2) Eighty percent (80%) of the building floor area shall consist of sales tax-generating retail uses 3. CONCEPTUAL SITE PLANS AND PLATTING a. The locations of land uses shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The arrangement, location and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and will be determined at time of site plan approval. However, the combined total square footage of all buildings within each sub-area shall not exceed the following, which may be in one or more buildings, provided that any large commercial building Ordinance 0-02-1366 Page 5 of 6 shall comply with any additional requirements of the Land Development Code: (1) Sub-area 1 - 48,100 square feet (2) Sub-area 2 - 30,000 square feet (3) Sub-area 3 - 54,000 square feet c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall the following minimum standards: a. Minimum Lot Size b. Front Building Line c. Side Building Line d. Rear Building Line e. Maximum Building Height 5. OPEN SPACE AND LANDSCAPING a. Each building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The common open space may be utilized for storm water detention purposes. 6. SIDEWALKS none 40 feet none (25' abutting residential) none (25' abutting residential) 35 feet a. The developer of each individual commercial lot shall construct a 5-foot wide sidewalk along L.D. Lockett Road, unless funds are escrowed with the City for future construction of the sidewalk. b. The developer of each individual commercial lot shall construct a ten (10) foot wide hike and bike trail along Precinct Line Road. 7. OTHER a. The developer of each individual commercial lot shall construct a six (6) foot tall masonry screening wall where the commercial lot abuts a residential lot. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-02-1366 Page 6 of 6 b. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /1~ day of ~kV 2002. T~ second reading and public hearing being conducted on the /.$Z" day of d-ri,to J.eAJ 2002. ATTEST: ~o~fk City Secretary CITY OF COLLEYVILLE: ~~ Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP ! ! I l \ I i ~G 'l' ..Y l-1 ... II t~ ~I - \.----p ~- Ie- ~ U . nom .. 1",-_11- r _L OO.~=--I~ ~= F_ r\. A~ It' k-- ~AY .... lit" till""'" . i ~" ~( ,~ F i c -~ L p I [-- ~~ '- - r-~ ~ - --- [i ....1. .~~ == :=.~ ~~ -,.~. I I' :=' r-= - - '- ..,};t.:; -, I : r) _..~....~;).n1 L_~~bI1 om,... -.n.' ..... //~ 0-96-1053 ~. ~ I n -I '. ~?/~J>/( oo..J2!ia I ~ J I ! ~ I ~ - -,L ! ~r-'- '/\) =-~-r-- R~' 1 .,~ .- ~i, - I' .ll ! ,H ' I 1----.- K-4U - r---' \--- I I ..t EXHIBIT B - METES AND BOUNDS DESCRIPTION BEGINNING at a pipe in the north line of County Road No. 3126 (L.D. Lockett Road), a distance of 1,227.26 feet East and 1,346.73 feet South of the southwest corner of the R.H. McEwing Survey, said pipe also being at the southeast corner of a tract conveyed to Mrs. Ruth Walker Jones by J.E. Walker and wife, Myrtle L. Walker by deed dated March 19, 1955, recorded in Volume 2914 Page 575, Deed Records, Tarrant County, Texas; THENCE North along a fence 1,346.73 feet to a pipe; THENCE West along the north line of the W.C. Newton Survey, A-1182, 245.00 feet; THENCE South 88 degrees 32 minutes 32 seconds West along the north line of the W.C. Newton Survey 680.00 feet to an iron pin; THENCE South 02 degrees 55 minutes 10 seconds West 110.00 feet to an iron pin; THENCE South 89 degrees 26 minutes 19 seconds West 270.00 feet to an iron pin; THENCE South 00 degrees 54 minutes 49 seconds East 590.48 feet along the West line of the W.C. Newton Survey, A-1182 to a point; THENCE South 646.25 feet to a point; THENCE East 950.00 feet along the north line of County Road No. 3126 to a point; THENCE East 245.00 feet along the north line of said County Road to the point of beginning, containing 36.264 acres, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN r + I PUD-R ] I PUD-C I ,