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HomeMy WebLinkAboutOrdinances (O-97-1062)-04/01/1997 ORDINANCE 0-97-1062 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 11.477 ACRES OUT OF THE A.J. LOTT SURVEY, ABSTRACT 963, A PORTION OF TRACT 4, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE ML (LIGHT MANUFACTURING) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Raman Chandler, Raman Chandler Properties on October 23, 1996 under Case No. Z-96-097; 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 Colleyville, 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 ML district to the PUD-R district together with all site plans (conceptual in nature), supporting documents, and other conditions and restrictions imposed and approved by the Council which are Ordinance 0-97-1062 Page 2 of 7 Sec. 2. Sec. 3. incorporated herein by reference including, but not limited to the conceptual site plan which is Attachment 1 to this ordinance, the planning objectives which are Attachment 2 to this ordinance and subject to the following condition: The site plan is conceptual in nature and the emergency access; street width; density; and greenbelt dedication will need to be agreed upon at time of platting. 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. 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. Th'l first reading and public hearing being conducted on the Zl $- day of \.. ..hn \ld t'Y ,1997. The second reading and public hearing being conducted on the Lf,Jf:.. day of R-brlLO..Y~ ,1997. APPROVED BY CITY COUNCIL ON APRIL 1, 1997. g~ J n Harris, CMC City Secretary ATTEST: CITY OF COLLEYVILLE ;;JA Ed Baker Mayor TO FORM AND LEGALITY: Ross 1. Foster City Attorney 4 10 ---L- '--' 2 11 ~ " 4::} -~_I~ - <r -~ (COUNTY ') RD 'fr 006) 1<( ...... ~ 4 NySl o oS> 'fj;, '0 TR 1 Ml V:~OV: ~ -- ft~~<? '1-2 'Ii/A ~ i (i) '\.3 CC;2 4 ~?- S\S~'0 Ml QU\S ~ \ - ~ ORDINANCE 0-97-1062 EXHIBIT "A" FIELD NOTE DESCRIPTION Being a tract of land out ot the A.J. Lott Survey, Abstract Number 963. Tarront County. Texas and being more particularly described as follows: Beginning in the south right-of-way line of McCoin Road; THENCE along said right-of-way line as follows: NORTH 8S44'2B" EAST a distance of 194.06 feet; SOUTH 89.08'37' EAST a distonce of 385.23 feet for corner; THENCE SOUTH 02.47'23" WEST a distance of 351.83 feet to a point for corner; THENCE SOUTH 89.29'11" EAST a distance of 200.16 feet to a point for corner; THENCE SOUTH 02.47'23" WEST a distance of 240.57 feet to the north right-of-way line of the St. Louis and S.W. Railroad (a 100 foot right-ot-way): THENCE with said railroad right-of-way SOUTH 67"23'11" WEST a distance of 922.53 feet to a point for corner; THENCE NORTH a distance of 890.24 feet to the POINT OF BEGINNING and containing 11.477 acres of land more or less. ORDINANCE 0-97-1062 EXHIBIT "B" &. .lN3I1\1H:lV.l.lV ~90&.-l6-0 3:lNVNICHO ___:8...........-.8 --- " .lllliil!llf~!~~ ..1I..:IlIl..iI.~~: !UUinlllillt. I l,~ i;' t ,S I'i I I ,,- I E . i" ";1 ~ % ~ z o ;;I E .. ~ R ffij 16 ft.................. inUUiii , - ;;;:=I~ i!Uj~ i [1 i !" S "'R ~ I: l !i . .! ~ t- o '2 ~ 15 ! -' - l~ ~ ~ . . !. t:: " I r ~ "i f I! f. ~ ! i I ~ ~ ! i ;; ;- [~ .f ~. ~ .~ e o~ ~ e ~ :::Il ~~ ..~ II il ~.il h it !~ ~ ~ =~i I! It "5! 5! !i' 8;"' [" tl: i E! C ~ ad ! iJ ~ ~ t. ~lij H ~l !=i =. :;, ~t'o . I t lie ~ e ::~ n ; I; 0 :- fO! ':: ; it E I ff r - _, ! ~ U - ~.~ ~ " l.i.f r 5 81. 2 I ~- f ;; it S !1 E~ :!; ::::;; e [r ! ,: ~r r r ; . . T. - I r e Tr i E' E ~ : If .: .: I t f-!'-' ~ t .' l ~ ~ - : ! ' : r . ~;'fIE ~ : .. ~ ! s - , '!f f:: : .. - !~'JI!I~ '1.llt PI:II i I If r; If! I ... ~, r ill I~ If "'-" -- IJ ~ \ I: B i ; ~ i ! i L ~ I ~ !( z- .- 2:> ~ i t~ 1 rn kil I ~,i , ~ ~ lI:: Pc ~ ~ i ~ " i ~ ~ 5 ~ ! ~ " i ~ ~ ~ I ~ t z ~ f i a ! ~ I ~ ~ c ~ DO ! ~ . - ~ ~ ~ . ~ ~ ~ ~ ~ 6 ' ~ ~ ~ ~ ~. R _ ~ ~ ~ ~ ~ I 0 ~ ~ ~ ~ f e ~ ~ ~ ~ ~ - r. . -- E .. ..., _ _ 0 - 8 o Lo - ... U' X' ~ ~ ~ ~ ~ ~ ~ ~n:1 ,:ji;- *~.r .:.~J~ ! !Ii"fj J t i "'.,. ~O EIEI .,. ~ Cl 0 1II ~ E t>. Z :", 'IICl ..lIIZ0.. .!".1:1II)( ..r- iE ..",1II E ~O~ '" ...c 5: :D'" ~!:I'I ,5;-' .,:1 ~ill ~[ , I ' l ~ ~'r'l \: " I , t soor t;il i~l! ~! II ~;lN ill I~. ell .."".. i!l' ,I Zoning Change Request from ML to PUD-R The subject proPFrty is presently zoned ML and is being used for equipment storage. The property is an irregularly shaped tract which fronts on John McCain Road directly across from Pebble Hill, a residential subdivision, and across from the Timarron residential subdivision presently being developed. The property abuts the parks of Caldwell's Creek on the west side and abuts the motor home parking lot to the east. The south boundary is adjacent to the DART Railroad R.O.W. The location and configuration of the property severely restricts the use of the property as a residential site. The only feasible residential use is for small lots with garden homes. This use will provide a "buffer" for the existing residential subdivisions while providing a quality addition to the city of Colleyville. The present owner, Mr. A.R. Hixon, Jr., will consent to the requested zoning change, subject to the limitation that the zoning reverts back to the present industrial (ML) zoning if the proposed PUD-R garden homes development is not begun by the prospective buyer within one (1) year, following the conditional approval of the zoning change. Description of the Proposed Development There are numerous residents of Colleyville whose needs and lifestyles have changed over the years. They presently reside in large homes located on large lots or acreages. For several reasons, they wish to sell their existing homes and move into a smaller home which will afford them more freedom to travel and enjoy their leisure time without the responsibility of maintaining a larger home. They wish to remain in Colleyville and find that quality garden homes are not presently available in Colleyville. The subject property affords the city of Colleyville the opportunity to provide this type of residence on a site which is not suitable for any other type of residential use. The development will feature a private gated entrance with parks and ponds similar to those in Caldwell's Creek. The streets are curved, with pockets of trees and landscaping at the curves to provide even more of a parklike setting throughout the development. The homes will be smaller in size while providing the quality and amenities expected by Colleyville residents. The style of the homes will be similar to the "golf villas" in Timarron-Southlake and many of the quality "garden home" developments in the North Dallas area. The lawns will be maintained by the homeowners association to minimize the responsibility of the homeowners. With this amenity and the privacy of the security gates and at the entry, the homeowners will have the freedom to travel and otherwise enjoy the benefits of this lifestyle while remaining residents of Colleyville. We recognize the requested zoning change is a departure from the residential use presently provided in the city of Colleyville. However, the unique location and configuration of the property allow the city of ColIeyville an oppor- tunity to meet the needs of its residents without reducing the standards of excellence we all have come to expect in Colleyville. The Deed Restrictions are being drafted and will be provided prior to the second zoning session with the Planning and Zoning Commission. ORDINANCE 0-97-1062 ATTACHMENT - 2 Development Schedule The project will be developed soon after the zoning and platting process is complete. The development of the site will take approximately six (6) months and the build-out of the homes will take one (1) to two (2) years after completion of the site development. ;. Water and Sewer Water and sewer are available to the site at this time. The sewer will tie into the Timarron sewer outfall and the water distribution system is in place at this time. Ownership of the Site The property is presently owned by A.R. Hixson, Jr. The contract of sale is subject to the zoning and platting change requested. Also, please note the consent of the owner is subject to the condition that the zoning reverts back to the present zoning if the property is not developed within one (1) year following the granting of the PUD-R zoning.