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HomeMy WebLinkAboutOrdinances (O-98-1123)-11/04/1998 ORDINANCE 0-98-1123 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 10.225 ACRES, LOT 1, BLOCK 1, ANN'S OAKS ADDITION, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE AG (AGRICULTURAL) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING A PENAL TV AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Lynn Meyer on September 04, 1998 under Case No. Z-98-037; 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 Master Plan, the Zoning Ordinance of the City of Colley,ville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the AG district to the PUD-R district together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the site plan which is Attachment 1 to the ordinance and the planning objectives which are Attachment 2 to the ordinance. Ordinance 0-98-1123 Page 2 of7 Sec. 2. Sec. 3. 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. 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 ,!irst reading and public hearing being conducted on the 2o'lJ:! day of {)~wf2.fr I 1998. ThE( secoryd reading and public hearing being conducted on the L}~ day of A/fJl!tmlJ<ff, 1998. , y ATTEST: ;j~ c71F~E Richard Newton Mayor J an Harris,' CMC ity Secretary TO FORM AND LEGALITY: Ros T, Foster City Attorney .~1 ~ SI ~ 1 D pt.-ACS ( 1/ , AI<I<- ___ ~~~ j 1 1 ~~ ~ ~~ ~ 1 A 1 1 A2 1Aa 0:::: a -I--- I - 1 JCNSS /1B2 ~ 1"\,1, 1 f-I 1 B2A2:" <;( (I) - Lu -1 lIst 5 Q JI< 3 4 ~=&lQ) 1B1C - 1B1A c(~Alr~ v' -6>~ :7 ~. (l~ Y; f- V) ~x 3 --/ :A(DLJN <Ot 3AAl IYI . ~ \03cu> ~\: ~" - ~\J ( ~pU~ -' ~ 38lr - \U\ \ ~ ' V I" '\7'T'1 3Y I '{ ~o \ 3CC 1 - , 3DD 3G \ ~1~ AG) \3~EE \\ 31< L3SS "'- 3FF 3 3NN W. WUUI. '..a& g'~ 3L ISO W - rlP,RR 1 ~ ;r 3HH 000 ~ (';1 A ~ ~O t.- 1 ' , 3F 3M J 0 3A 1 B M ~ ~ ~, ~ 3LL ~ 3JJ~~D ~ 3E ~~ c::) ..'~ :,~~ ; 3 RD 2C2E ( ,~~1', 3A ,~ ,:? 1 (J9AHN & 1G 1 E 0 1 ~rI ~SR~13 1 ~{~~ LL I ~U~ OUNR1Y ~ " ^ ';;)l v C:: A ;YUDDtJ<~CR\:..':> ~ / I I 1A -.J Q 2 2B MrC~1fJ ~ (~' 5A~ ~ .,J~~I(iA':>' '\ ~~ R~M ~ 4A 48 ~/ <l 3C 3A \l r--- 3 2C ADA 5B , A --.J.i~ , ~U\~~ '" ~\\ \~~o \0 ~~~ SU~ W? ORDINANCE 0-98-1123 EXHIBIT "An J 3W --. ~=~(O 3F 3 7 3Vl Ad~S .~ 'lDl~ ~ U1 o 3T 9 I 0:::: 3 S IV HOLl 6 o 3C 2 3 ~ "---' 3A ~ ~ (I]t lIC cO SS - AC n C OAdL. J, KfN 01 1 3C1 ffiTE 3D 3B2 3f 1 1A 3D3 <"l 1 B ~ 3D1 AG ~D >' ( LEGA-L ~t2\P\ \ 01\)-. . STATE OF TEXAS i COUNTY OF TARRANT ~ KNOW ALL MEN BY THESE PRESENTS that Ann Truog Hardy is the owner of the following described property to wit: BEING an 12.123 acre tract of land situat~d in the Hall Medlin Survey, Abstract No. 1038 and the H.R. Wall Survey, Abstract No. 1973, Tarrant County, Texas and being a portion of a tract of land awarded to Ann Truog Hardy~ January 04, 1990, Cause No. 324-120899, 324th Judicial District Court, Tarrant County, Texas; said 12.123 acres of land being more p~rticularly described by mete~ and bounds as follows: BEGINNING at a 1/2 inch iron rod with plastic cap stamped "Landes & Assoc."' (hereinafter all 1/2 inch iron rods bear the same description, unless otherwise noted), found at ~he southeast corner of Lot I, Block 1, Harrison Estate, an addition to the City of Colleyville, Texas, according to the plat filed in Cabinet B, Slide 526, Plat Records of TarraRt County, Texas, said. iron rod also being in the north right-of-way line of John McCain Road (County Road No. 3006): . THENCE N 07053'00" E, leaving said north right-of-way line along the east line of said Lot I, ijarrison Estate, a distance of 411.52 feet to a P.K. nai"1 found in a wooden bridge; .' -'"0' 'THENCE N 02057'00" E, continuing along the east line of said Harrison Estate, a distance of 598.71 feet to a 1/2 inch iron rod found at the northeast corner of said Lot I, Block I, Harrison Estate, said iron also being in the north line of said Hardy tract: THENCE S 89026' 00" E, along the north I ine of said Hardy tract, a distance of 441.60 feet to a 1/2 inch iron rod set: '; THENCE S 13011'24" E, a distance of 270.61 feet to a 1/2 inch iron rod set; THENCE S 02028'22" W, a distance of 757.07 feet to a point in the north right-of-way line of aforementioned John McCain Road, said iron also being the southeast corner of ..Baid Haroytract:. THENCE N 89046'00" W, along the south line of said Hardy traC,t, a distance of 560.19 feet to a 1/2 inch iron rod found: THENCE N 07053100" E, leaving the south line of said Hardy tract, a distance of 16.53 feet to t)1e PO~NT OF BEGINNING and containing __~123 acres of land,sa.v~ ~ UUf7' Ltrr ~ 8Iocl<./.c;vrd O,U ~te ORDINANCE 0-98-1123 EXHIBIT "B" ~. z ~ 11 J;1!.~~ i~ ~~ft ~ ~l~ i~ fJl .. --~~l ~; Iii 11U~ t ~ ~ !I~ hlf~ ~~ F r~~ )10. - z @~.z ~ ~@ ".9: CZ.J: n@- Tflfa 11m=( ~.~~. .' rtr ~~m' ~ :lI-ll.\I1 . ~'l:Jl mla~ , CIll I?i'> i_l@ CjI1 ;io -.1' \:l'1lI ;Il~ ~~ :~ 2(11 Ill' lol- ,,$ .'" If <:Ill 51'" ~..\... -~ :ll~ ~~ .~~ (>~$~).N ~~f=~ZO .~ i. r ~ Z:.z s ~ ~.() tn_ = ~.:s~o.z: ~ 2~ ~(I\ ~~j ~SV ':-i ~ ~ l'}3: I ~~~g~ 6 ~ ~ ~ ~ '. . .. ~ _6 '.~ _. . ~~~~. _~ 9 -.,. ~~-. It.'-' _.; '113= -i ~"'I ....ti..Jt.~.~t:I......:..~I~........ '. isi ia. ~;-;!'ia !t:I:'::I- ~l;fil~i':ai:~i~ji'_' I~.. ~. si- !!..~. i%i. ~i. li::~!;i' i~'t.:.i':' fi.:.~ :~ !~~:::,,:~ :';'!8- !e.i ' _;I,~"',Ji~ }~,i:oll; ~r~ :: I !~,>O ~~"l' ~J" .1 ~.....;it';fih., '.'~l'.l:"..-. ...~ ':"3'..j::' :=:; i.a" :~^"'g4'-;os;:ail'i'I.~-i'';:'-'-_.'-[J!:U'~~_ .~ tw.:.:...,. .~. ~-~... 1...; 'it.~:ii"", ,:=J=-'I '" '.i~'~i" ~...... ~. ":'i 0'':'" ;,.-: :; ~i-: .:~ r;!~ :~i !iir-:.~ e.~.ii;_;'_'! :~~ ~! ia~ i:! i~!iad '=;~:I~=i *rt:~!.. 1l4. - ... ~-.. ...lllo." '-.. -". ...... ....Jof-l {i ,; hi . ,; .:.. ~.l "'~ :"-"L . . 3i~: ii:: :;: i-~il ;i'~ t~;iE:~' ~i'tr,:; II 33 ..~!. .. ;~, ;:, ....::...:1;; ~...~-;. .\11":: ;i: ~:;: li:i ;e; ti!~'_~_~; :!,t:~;_ __ ,,~:o '. it;, e "..a. . ~ ~":i:;: h3' I :". Co... _r9:1 ;-,,19 .,... ~'-,I::._ :!.I!:!&' ~E.. 1. .., :'0 ....:.; ~l.".o:'hK r-.._r...... . ll: -.f'" -il.! ... f' ~:-.:.!... .i_:::~:;~:.._:.-f:-'f,:. ;-<1:: l! I:l:;.. ;~! :e-t. ~=. .~r~.l-.-t:.,'-.::'r~;ll! .~.: .. ': t2.:.. :;;!c;:" . .'-:'\" ii..:eilfE-'::' Ii ,-~1i ,~1; ~ Z:I, t: ~ :'::: t..,...._ .Jl'op,,~l. .-.;~ J()e~- ,!t ':~ : .t i:-':l-:' ~:. ::t!if~~'- -i!:il'l:i 1i!1. . t. , . '-a .. ......n .', .. ~':i~! ; :;; ~ ! it: .:! -l.;;5i.l r~!,:!f ';:11-: ~ Ei <I : ~Iii !J 'iiili: I.E~iJr ...~.. ORDINANCE 0-98-1123 ATTACHMENT - 1 III. Additional Supporting Documents - Ann's Oaks Addition 15. Statement of Planning Objectives, The concept of Ann's Oaks Addition is to offer to Colleyville an alternative to the larger master planned communities in the area, while preserving the natural beauty of an existing pond and wooded floodplain area adjacent to the site. This PUD-R request consists of 15 homesites on 10.225 acres giving a density of 1.467 homes per acre. The average size of the home sites is 20,800 sq, ft" ranging from 14,300 sq. ft. to 28,800 sq. ft. The site contains an existing home which will be platted and incorporated into the neighborhood, The 1.5 acres of open space containing the pond along the western boundary would be dedicated to the City as a possible greenbelt link to the future Big Bear Creek linear park. Once the easement north of Ann's Oaks Addition is acquired, construction of the sanitary sewer line would occur and the same easement could provide the necessary hike and bike link from John McCain Road to Big Bear Creek. Certain development constraints exist today including the home on the property, the Ann Hardy residence adjacent to the property, the existing homes along the eastern boundary and the flood plain along the west and north boundaries of the site. Of course, existing trees were also taken into consideration. A variance in the paving section width from 30' to the split entrance of a 20' section (west side) and a 24' section (east side) is requested, City staff has reviewed this variance and it allows construction of a very high quality boulevard entry monument while preserving as many trees as possible. Ann's Oaks is a totally unique opportunity which, if approved, would offer a limited number of new homeowners (14) the privilege of the Colleyville lifestyle without the endless streets 0 the area master planned communities. The emphasis will be on nature with as many trees preserved as possible and an improvement program to the trail and bridge in the pond/greenbelt area, Deed restrictions are being drafted and will be provided to the City if requested, 16. Development Schedule, Once necessary offsite easements are obtained, development would occur after City approval of the final plat and engineering documents. Completion of the subdivision improvements should occur within one year from the date hereof. 17. Statement of Proposed Ownership. The present owner of the site is Francis B. Brooks, 1905 Central Drive, Bedford, Texas, 76201. The proposed owner is DRHI, Inc., the land development affiliate ofD. R, Horton Custom Homes. ORDINANCE 0-98-1123 ATTACHMENT - 2 18. Statement of Utilities to be Provided. In discussion with the City Engineering Staff, it was determined that a 12" sanitary sewer line would be extended south from the existing 36" TRA line in Big Bear Creek. An easement will be required from the Trinity Christian Center of Santa Ana and from the owner of Lot 2, Block 1, Ann's Oaks Addition (Ann Hardy). This would bring the 12" sewer line from Big Bear Creek to John McCain Road. An 8" sanitary sewer line will be built in the R. O. W. of the proposed cul-de-sac and access the 12" line through the open space lot. An 8" water line will connect to the existing 6" line in John McCain Road and extend north in the proposed R. o. W. In order to loop the water system, an easement will be required from one of the lot owners on Jo Will Court in order to tie into the 6" water line on Jo Will court (east of the property).