HomeMy WebLinkAboutOrdinances (O-03-1394)-03/18/2003
ORDINANCE 0-03-1394
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 3.561 ACRE
TRACT OF LAND OUT OF THE D.J. BEDDO SURVEY, ABSTRACT 232, FROM
THE AG AGRICULTURAL DISTRICT TO THE PUD-R PLANNED UNIT
DEVELOPMENT RESIDENTIAL DISTRICT; 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 Broadland Limited
Partnership for Linda and Frank Baker on January 20, 2003, under Case
No. Z-03-004; 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 "B", by changing
the zoning of said property from the AG Agricultural district to the
PUD-R Planned Unit Development Residential 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.
THAT the PUD-R shall be subject to the following conditions:
1. PERMITTED USES
The PUD-R shall have three (3) land uses as indicated on the Zoning
Exhibit:
Ordinance 0-03-1394
Page 2 of 5
a. Single family dwelling units
b. Open space
c. All uses permitted under AG Agricultural zoning shall be
allowed on the property until such time as a final plat is
approved for the property.
2. PLATTING AND PHASING
a. The conceptual site plan, attached as Exhibit "C" shall be
considered the preliminary plat. When presented, a final plat
generally consistent with Exhibit "C" shall be approved,
provided that it meets the requirements of the Land
Development Code that were in effect at the time of approval
hereof and have not been modified herein. In the event of
conflict between the Special Conditions of this PUD-R zoning
and the Colleyville Land Development Code, the Special
Conditions of this PUD-R zoning shall prevail. At the option of
the applicant for final plat approval, the lot and open space
configuration of the final plat may differ from that shown on the
preliminary plat, except that there may be no more than eight
(8) lots, the width of lots may not be less than eighty feet (80')
at the front building line, the average lot depth of all lots shall
not be less than 140 feet, all lots shall face to the west or
northwest, and the north-south dimension of the open space
that parallels McDonwell School Road (the trail right-of-way)
shall not be less than twenty feet (20').
b. This development shall be subject to all impact fees as of the
date of approval hereof, unless those impact fees have been
reduced at the time they are due for this development.
3. DENSITY
The average residential density is permitted to be 1.8 dwelling
units per acre over the combined acreage of Westcliff Phase I,
Old Grove, and Westcliff Phase II.
4. STREETS AND SIDEWALKS
a. No sidewalks shall be required for lots within this
development, except as provided below.
b. The provisions of the Colleyville Pathways Plan shall apply to
Westcliff Phase II only with respect to a five foot (5') wide
sidewalk parallel to McDonwell School Road extending the
width of Westcliff Phase II from east to west. The owner of the
Ordinance 0-03-1394
Page 3 of 5
most southern lot in Westcliff Phase II shall build said sidewalk
to the extent practical without any curve within the trail right-of-
way that parallels McDonwell School Road prior to occupancy
of a house thereon according to specifications provided in the
Land Development Code as of the date of approval hereof.
Or, prior thereto, at the option of the developer, a concrete trail
ten feet (10') wide may be built by developer in lieu of said
sidewalk, provided that it connects (or will connect) at each
end to a trail of the same width and otherwise complies with
the specifications for concrete trails in the Colleyville Pathways
Plan as of the date of approval hereof.
5. DRAINAGE
a. All drainage facilities shall be designed and constructed in
accordance with the Land Development Code.
b. It shall not be the responsibility of the developer to improve
any off-site drainage structures or any other public facilities.
c. At developer's election, pursuant to a grading plan acceptable
to the City Engineer, only one side-yard swale between and
behind lots may be utilized for lot drainage; retaining wall
construction, lot benching and drainage swale construction
shall not be the responsibility of the developer but shall be the
responsibility of builders on individual lots and shall not be
required of the developer for City acceptance of public
improvements.
d. Lot-to-Iot drainage shall be allowed in a grading plan
acceptable to the City Engineer across two lots contiguous
with one another and adjacent to the lot(s) where drainage
begins, Le., drainage shall be allowed from the drainage
source lot(s) across two other lots which are adjacent one to
the other.
e. Drainage from portions of the development is permitted to
sheet flow from west to east onto City property.
6. WATER AND SANITARY SEWER
a. No water or sewer extensions are required to be made to
adjacent property.
b. If sanitary sewer installation to serve the development is
necessary across City property, the City shall cooperate in all
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
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Page 4 of 5
regards, provided that no less than twenty feet (20') of the
drive surface of any street or driveway pavement shall be left
passable at all times during sanitary sewer construction.
7. LOT REQUIREMENTS AND SETBACKS
a. All lot dimensions and building setback lines shall be in
accordance with the Colleyville Land Development Code,
except where amended by this ordinance, including all exhibits
hereto.
b. The minimum lot size shall be 13,000 square feet. The
average lot size of all residential lots shall not be less than
16,000 square feet over the combined acreage of Westcliff
Phase I, Old Grove and Westcliff Phase II.
c. Open space, including any trail rights-of-way, shall not be less
than twenty percent (20%) over the combined acreage of
Westcliff Phase I, Old Grove and Westcliff Phase II.
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 i'~ day of
~c~ 2003.
The second reading and public hearing being conducted on the /c:P>>1 day of
~o.A1! 1 2003.
A~:~ szr~
Cynthia Singleton, TRMC
City Secretary
Ordinance 0-03-1394
Page 5 of 5
CITY OF COLLEYVILLE:
DI2::~~
Mayor
EXHIBIT A
ZONING MAP
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EXHIBIT B - METES AND BOUNDS DESCRIPTION
BEING a 3.561 acre tract of land in the D.J. Beddo Survey, Abstract No. 232, situated in
the City of Colleyville, Tarrant County, Texas and being that tract conveyed to Linda S.
Baker and Husband, Frank D. Baker, by deed recorded in Volume 12408 Page 1954 of
the Deed Records of Tarrant County, Texas (DRTCT) and a portion of that tract
conveyed to Broadland Limited Partnership by deed, and being more particularly
described as follows:
BEGINNING at a 1-inch iron pin found at the southeast corner of said Baker tract, said
iron pin also being on the north right-of-way line of McDonwell School Road (variable
width right-of-way);
THENCE North 89 degrees 31 minutes 39 seconds West along the said north right-of-
way line of McDonwell School Road, a distance of 230.85 feet to a %-inch iron pin found,
said iron pin also being the southwest corner of said Baker tract;
THENCE North 00 degrees 28 minutes 21 seconds East a distance of 522.41 feet to a
%-inch iron pin found, said iron pin being the northwest corner of said Baker tract, said
iron pin also being on the south line of said Broadland Limited Partnership tract;
THENCE North 89 degrees 55 minutes 29 seconds East along the north line of said
Baker tract and the south line of said Broadland Limited Partnership tract, a distance of
10.59 feet to a %-inch iron pin found, said iron pin also being the Point of Curvature of a
non=tangent circular curve to the right having a radius of 260.00 feet, a central angle of
29 degrees 03 minutes 21 seconds and being subtended by a chord which bears North
31 degrees 24 minutes 27 seconds East 130.44 feet;
THENCE northerly and northeasterly along said curve to the right a distance of 131.85
feet to a %-inch iron rod found;
THENCE North 45 degrees 56 minutes 07 seconds East tangent to said curve, a
distance of 93.54 feet to a %-inch iron pin found, said iron pin also being the Point of
Curvature of a circular curve to the left having a radius of 340.00 feet, a central angle of
28 degrees 22 minutes 48 seconds and being subtended by a chord which bears North
31 degrees 44 minutes 43 seconds East 166.69 feet;
THENCE northeasterly and northerly along said curve to the left a distance of 168.41
feet to a %-inch iron pin found, said iron pin being on the east line of said Broadland
Limited Partnership tract;
THENCE South 00 degrees 28 minutes 21 seconds West along the east line of said
Broadland Limited Partnership tract and the east line of said Baker tract, a distance of
842.48 feet to the Point of Beginning and containing 155,113 square feet or 3.561 acres
of land, more or less.
EXHIBIT C -CONCEPTUAL SITE PLAN
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