Ordinance for City of Arlington Zoning Case

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Ordinance No. _____

An ordinance changing the zoning classification on certain property known as 2615 Little Road to Planned Development (PD) for all Residential Single-Family 5 (RS-5) uses with a Development Plan; amending the Zoning District Map accordingly; authorizing the building official to issue permits upon the effective date; providing for a fine of up to $2,000.00 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date.

WHEREAS, after notice and public hearing the Planning and Zoning Commission heard and recommended approval of Zoning Case PD14-15 on December 3, 2014; and WHEREAS, after notice and public hearing, and upon consideration of the recommendation of the Commission and of all testimony and information submitted during the public hearing, the City Council has determined that it is in the best interest of the public and in support of the health, safety, morals, and general welfare of the citizens that the zoning amendment be approved. Now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1. The zoning classification of certain property known as 2615 Little Road, described in Exhibit A, is hereby changed to Planned Development (PD) for all Residential Single-Family 5 (RS-5), with a Development Plan by the approval of PD1415, and the Zoning District Map shall be amended to reflect the zoning change made by this ordinance. Development and use of the property shall be in compliance with this ordinance and the attached Development Plan. 2. The Building Official is hereby authorized and directed to issue permits in compliance with this ordinance, including all exhibits attached to this ordinance, immediately after the effective date of this ordinance. In the event of a conflict between the provisions in Exhibit B and the provisions in any other exhibit, the provisions in Exhibit B control. 3. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars and No Cents ($2,000.00)


for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 4. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 5. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 6. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 7. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington. 8. The caption and penalty of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, Texas, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 9. This ordinance shall become effective upon second publication.

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PRESENTED AND GIVEN FIRST READING on the ___ day of ___, 201_ at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed and approved on the ___ day of ___, 201_ by a vote of ___ayes and ___ nays at a regular meeting of the City Council of the City of Arlington, Texas.

___________________________ ROBERT N. CLUCK, Mayor ATTEST: ____________________________________ MARY W. SUPINO, City Secretary

APPROVED AS TO FORM: URSULA MONROE PATTERSON, Interim City Attorney BY ________________________

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PD14-15 EXHIBIT “A”

Being 6.664 acres situated in the L W Anderson Survey, A-0039, Arlington, Tarrant County,Texas and being more particularly described as follows: Beginning at a 1" iron rod found at the Northeast corner of Longacres Addition, an addition to the City of Arlington, Tarrant County, Texas as recorded in Volume388-8515, Plat Records,Tarrant County, Texas; Thence South 89°46 '02" East along the North line of said addition a distance of 904.68 feet to the centerline of Little Road; Thence North 00°17'28” West along said centerline a distance of 273.00 feet to the Southwest corner of the Jose and Vidalia Cisneros tract as recorded on c.c. Inst. No. D210205861, Deed Records, Tarrant County, Texas; Thence North 89°42 '32” East along the North line of said tract a distance of 403.54 feet; Thence North 00°17'28” West a distance of 85.90 feet to the South tine of Dove Hollow Addition, an addition to the City of Arlington, Tarrant County, Texas as recorded in Cabinet A, Slide 7793, Plat Records, Tarrant County, Texas; Thence North 89°45'13" East along the South line of said Dove Hollow Addition and Lot 3, Block 1, Marmld Addition, an addition to the City of Arlington, Tarrant county. Te1as as recorded in Cabinet A, Slide 5093, Plat Records, Tarrant County, Texas, a distance of 500.00 feet to the West line of Rushmoor Addition, an addition to the City of Arlington, Tarrant County, Texas as recorded in Volume 388-84, page 3, Plat Records, Tarrant County, Texas; Thence South 00°14 '09" East along said line a distance of 359.44 feet to the Point of Beginning. Basis of bearings: City of Arlington GPSMonument AR 12, NAD83 Texas North Central Zone. AND being generally located east of Little Road and south of Arkansas Lane with the approximate address being 2615 Little Road.

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PD14-15 EXHIBIT “B�

1. The zoning of this site shall be Planned Development (PD) for all Residential Single Family 5 (RS-5) uses, with a Development Plan. 2. The development shall comply with the Residential Design Standards of the Unified Development Code (UDC), except any standards mentioned below. 3. The development is proposed as a gated community with 35 single family homes on 6.664 acres with a density of approximately 5.25 dwelling units per acre. 4. The primary access point for this community shall be located on Little Road and will be enhanced with landscaping, signage, decorative pavement, and a large sculpture. 5. The secondary access point at Rushmoor Drive shall remain locked at all times by an emergency access Knox box. Access shall only be granted to emergency personnel. Residential vehicular traffic is prohibited at this access point. 6. Pedestrian gates with keypad access shall be installed at both access points. 7. The perimeter wall along Little Road shall be a minimum six-foot tall stone wall with seven-foot tall brick columns, and six-foot tall wrought iron near the entrance. 8. The entire tract adjoining existing single family residential properties shall be fenced with new six-foot tall, single-sided wood fencing with metal posts. The existing double-sided wood fence along the northern property line zoned PD94-62 shall remain. 9. A community mailbox will be included in the entryway. This structure will be constructed of stone and complementary to the perimeter wall. 10. Site amenities include one community open space lot, which includes a stone pavilion, outdoor grill, and recreational activity facilities. 11. The Home Owners Association (HOA) shall be responsible for improvements and maintenance of all landscaping in the open space lots (marked as X lots), exterior streetscape trees, exterior sidewalks, all perimeter fencing, and the community amenity lot. 12. Though located within individual residential lots, the internal streetscape shall also be maintained by the HOA. This includes street trees located within the six foot landscape buffer, and all five-foot wide sidewalks. 5


13. Five-foot wide curvilinear sidewalks shall be located on both sides of all streets. 14. All internal street trees shall be a minimum of four inch caliper in size. 15. Tree preservation shall be in accordance to the approved tree preservation plan. 16. All garages facing the street shall have a minimum of four architectural features including arched designs and a combination of double and single doors. 17. A maximum of 50 percent of homes within the development may have a frontloading, front entry garage. They shall be setback a minimum of five feet from the face of the structure. 18. No structure shall have the same appearance or elevation as another unit within the subdivision. 19. The percentage of masonry on each structure shall be 100 percent on all sides, utilizing a combination of brick and natural stone, cast stone and stucco. Cementitious fiberboard may be used only on soffits, trim, and rear patios. 20. A minimum of 80 percent of all homes within the subdivision shall have a mixture of two different masonry materials, excluding cementitious fiber board. These homes shall contain a mixture of 80 percent to 20 percent brick and stone on the front faรงade. 21. The front property line of all lots within the Planned Development shall extend to the back of the curb. This is a deviation from the UDC standard which requires the front property line to extend to the back of the sidewalk. 22. All units will be setback a minimum of nine feet from the back of the sidewalk. 23. All front building setbacks shall be at least 20 feet, as measured from the property line. 24. Maximum lot coverage shall be 60 percent with the exception of two lots. As labeled in the development plan, Lot 13 Blk 2 shall have a maximum of 65 percent lot coverage and Lot 15 Blk 2 shall have a maximum of 70 percent lot coverage. 25. Home size (excluding garages) shall be a minimum of 2,200 square feet with no more than nine homes less than 2,500 square feet. 26. A minimum roof pitch of 8:12 for each single-story structure shall be required. The minimum roof pitch for two-story structures at the second story level shall be 6:12. 27. In the event of a conflict between the provisions in this Exhibit B and any other exhibits to this ordinance, the provisions of Exhibit B control.

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