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Home My WebLink AboutOrdinances (O-03-1416)-10/21/2003 ORDINANCE 0-03-1416 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 4.3 ACRE TRACT OF LAND OUT OF THE A. J. LOTT SURVEY, ABSTRACT 963, FROM THE AG-AGRICUL TURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL 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 Mr. Craig Hodges on June 12, 2003, under Case No. Z-03-015; 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 as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for automotive related uses as specifically allowed in this ordinance. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-1416 Page 2 of 4 2. PERMITTED USES The following land uses shall be permitted within this Planned Unit Development, provided the use is limited to the specific sub- area identified as follows. a. Sub-area "A" - Automotive repair b. Sub-area "B" - Outside storage of recreational vehicles; access to this area shall only be allowed from Ross Downs Road through area "B" or "C" c. Sub-area "C" - Landscaping contractor with outside storage; access to this area shall only be allowed from Ross Downs Road through area "B" or "C" d. Sub-area "D" - Truck rental e. Sub-area "E" - Outside storage of boats, automobiles and vans, provided no vehicles exceeds seven (7) feet in height; only one row of vehicles shall be allowed adjacent to the landscape buffer located along the east property line f. Sub-area "F" - One single family residential unit g. Sub-area "G" - Open space 3. SITE PLANS AND PLATTING a. The site plan attached as Exhibit "c" shows the locations of the land uses authorized by this ordinance, including the existing primary and accessory buildings. b. No development permits for any additional structures within this PUD-C shall be approved until an amendment to this ordinance has been approved by the City Council in accordance with the procedures and requirements of the Colleyville Land Development Code. Exception: One additional structure not to exceed 1,250 square feet in area nor to exceed twenty (20) feet in height shall be allowed for use as an auto repair bay, provided said structure is located on the west side of and adjacent to the existing primary auto repair building and that said structure complies with the permitting requirements of the City of Colleyville and the Building Design criteria contained in Chapter Six of the Colleyville Land Development Code. c. Prior to the issuance of any development permits for any additional structures within this PUD-C and as a condition to Sec. 3. Ordinance 0-03-1416 Page 3 of 4 the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code and comply with the fire lane requirements of the Colleyville Fire Code. 4. OTHER a. Hours of operation: Except for the residents of the single family unit, the allowable hours of operation shall be 6:00 a.m. to 9:00 p.m. for landscaping and storage of recreational vehicles; 6:00 a.m. to 10:00 p.m. for other uses allowed in this Planned Unit Development. b. The regulations for the CC-2 District shall be applicable to this PUD-C, except where modified by the provisions of this ordinance. c. The location and width of all fire lanes shall be approved by the Fire Marshal. d. There shall be a landscape screen of evergreen shrubs planted within thirteen (13) feet of the common property line with the Ross Downs subdivision, as shown on the Site Plan, Exhibit "C". Said row of shrubs shall be spaced not less than five (5) feet on centers and shall not be less than six (6) feet in height within two (2) years from the date of this ordinance. Said row of shrubs shall be planted not later than 180 days from the date of approval of this ordinance. e. Within the landscape screening area required in paragraph d above, there shall be trees planted in accordance with a tree plan shown on Exhibit "D". Said trees shall be a minimum of three inch (3") caliper. Said trees shall be planted not later than 180 days from the date of approval of this ordinance. f. The parking areas for areas "B" and "C" may consist of crushed rock. g. The area within fifty (50) feet of the common property line with the Ross Downs subdivision shall be free of any trash or debris on the grounds and the grass shall be maintained at a height not to exceed twelve (12) inches. 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. Ordinance 0-03-1416 Page 4 of 4 Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. 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. Sec. 6. 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>>'i day of 006c/t J 2003. The second reading and public hearing being conducted on the 021 ~ day of t/~6e/L 2003. Cynthia Singleton, TRMC City Secretary ~~~ APPROVED AS TO FORM AND LEGALITY: --rrl~ - Ross T. Foster City Attorney EXHIBIT A - ZONING MAP t)~ ML ~ cc-z 1/ AG ~\~~. A'/ ~ ~t=:::! b 'ir',i;'u;.., ~-..::: 7/;' 0-99-1164 r--'--IJ ~ \ y- ~~ J-... K..NNII>ON~'f ::it. --::::rl 0-98-1098 ""...c \ 1 T -...... 1--1 '- -\ :c-fU> ~r1 T~) ~-! R /1 ~ --c >/"11\ I ~~~ __=-- r': >; -.v=;o. AUF \ '" ~\ia ~/I ~', \ idY- - ......: ~ 'l>-. >~'\ 11 ~-=-. ~1A\ \~'~ ' .. E! ,..~, - -.- 10-00.1211 ~ :s:l c.)n !l1:11&~,,~ / f-- V __ r l;;t r}I) - . ().Q2.1327 pf- ~ tria P &1'4 r / rr= ....~.~ == fJ-~"LD[ _ 'ICc-r )1. ,liz~I':~.r l""f'"'!) I L J - . f / e,- r J A(~ , ~_.J~~_? \ .- - ----=-. J.~G ~-I _.. I . scotl I I.; c-- C ~/ --~ f-- .-GJ T \ C' f-- -I.. -7 iJ'.~L~ '= UidhTa.M EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land out of the A.J. Lott Survey, Abstract No. 963, Tarrant County, Texas, and being the same tract of land as described in deed recorded in Volume 10003, Page 114, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a %-inch iron pin found in the south line of Ross Downs Road for the northwest corner of tract being described, said point being the northwest corner of Lot 2, Block 1, C-D Subdivision, an Addition to the City of Colleyville, Tarrant County, Texas, and by deed being the northwest corner of a tract of land as described in deed recorded in Volume 5990, Page 188, Deed Records, Tarrant County, Texas; THENCE North 52 degrees 49 minutes 31 seconds East 784.49 feet (deed call North 52 degrees 14 minutes 20 seconds East 781.92 feet) along the easterly line of said Ross Downs Road to a capped iron pin set for the most northerly northwest corner of tract being described; THENCE South 89 degrees 34 minutes 33 seconds East 69.44 feet (deed call 76.28 feet) and continuing along the south line of said Ross Downs Road to a %- inch iron pin found in the west line of Block 12, Ross Downs Estates II, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 799, Plat Records, Tarrant County, Texas, for the northeast corner of tract being described; THENCE South 01 degrees 32 minutes 00 seconds 478.92 feet (deed call 479.00 feet) along the west line of said Ross Downs Estates II to a % inch iron pin found for the southeast corner of tract being described, said point being the northeast corner of Lot 1 R, Block 2, Ponce Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1642, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 34 minutes 32 seconds West 707.35 feet (deed call West 707.26 feet) along the north line of said Block 2, Ponce Addition and the north line of said Lot 2, Block 1, C-D Subdivision to the POINT OF BEGINNING and containing 4.268 acres of land, more or less. EXHIBIT C - SITE PLAN Site PI-a n ow If\~ S",b- tAr e.$'d"'" "' ,.,' ~..'''' "'.i"',,~ ~'., ,;~:' SURVEY J,. J. LoTT NO. 963 J,.HST/lACT 1>." ~ ~ ~ '" _,'i " ~...c. ~--../.., $' ,5' ; ~ ,fl~f{' . /S) /,:1_,"'- /o~ "'..."., /- ~ /,,'-' /.#." ",".",' . /<:P . ',/~0S - , ~ '8" - o . 190' EXHIBIT D - TREE PLAN y 11 ~ Tree ?l ei\n -