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HomeMy WebLinkAboutOrdinances (O-96-1053)-12/03/1996 ORDINANCE 0-96-1053 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVlLLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.3057 ACRES OUT OF THE I. CARODINE SURVEY, ABSTRACT 356, TRACT 1 AND A PORTION OF TRACT 2, McNARY ACRES, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE R40 (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE OF 40,000 S.F.) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Bob Kohsmann, President, Classic Concepts Homes, Inc. on December 19,1995 under Case No. Z-95- 042; 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 R40 district to the PUD-C district, subject to 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 Statement of Planning Objectives which is Ordinance 0-96-1053 I Page 2 of 9 I' Attachment 1 to this ordinance; the Conceptual Site Plan, which is Attachment 2 to this ordinance; and subject to the following conditions: A. The Site plan attached to this ordinance as Attachment 2 shall be conceptual only. The final location of all buildings shall be determined by the Development Review Committee during normal site plan review. Except as modified by the conditions B through J below, all development within this PUD-C district shall be subject to the zoning and subdivision regulations of the CC-1 (Village Retail) district in effect at the time a final site plan is submitted. B. In addition to any other landscaping requirements for the site, a 40 foot landscaped setback shall be required along Precinct Line Road and L.D. Lockett Road from the front property line to the nearest building or paved parking surface. The total area of open space on the site including the front open space setback shall be not less than 20 percent. C. The total number of trees on the site measuring three inches in diameter or greater at a point twelve inches above the ground shall be not less than one tree for every twenty feet of street frontage plus one tree for every ten parking spaces. D. E. Not more than one drive access point shall be permitted on L.D. Lockett Road. The distance from the centerline of the driveway to the front property line on Precinct Line Road shall be not less than 230 feet. F. The curb return radius for driveways at the point they enter public streets shall be not less than 20 feet nor more than 30 feet. Ordinance 0-96-1053 Page 3 of 9 G. Except for areas of curb return thresholds, the width of driveways crossing the front landscaped setback shall be not less than 24 feet nor more than 26 feet. H. Prior to the issuance of any building permit on the site, a legal instrument granting cross access easement to property owners east or south of the site shall be recorded in Tarrant County Deed Records. I I. Any building on the site shall have translucent openings facing in not II less than three separate compass directions. As measured on a compass, the three separate directions shall be separated from one! another by not less than 60 degrees. I J. Not less than 65% of the total floor space in the aggregate shall be dedicated to one or more of the following uses: (1) dry cleaners (station only) (2) apparel alterations (3) interior decorator (4) all uses classified as CC-1 Retail uses in Section 22.3 of the zoning ordinance. Sec. 2. 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. Ordinance 0-96-1053 Page 4 of 9 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. 3. AND IT IS SO ORDERED. The. Jfirst ~eading and public hearing being conducted on the l)lJJ.l/€-In!Hf, 1996. De ~~h~ reading and public hearing being conducted on the It (' ,1996. ATTEST: CITY OF COLLEYVILLE ;J~ ;:)~ J an Harris, CMC City Secretary Ed Baker Mayor +;D AS TO FORM AND LEGALITY: Ross T. Foster City Attorney _I crib 3rA day of day of I I l 50,"1 ... -; ~ "t))~ uu - a , ~ \J ". ~~o \f'J C. r- \Nl0 U c!) (SU6 z 4 - U 1EO 1 W <. < _1C 0::: . -~ ~..- . 48 ~~~(Q) 0- LD LOCK 1 A 1 Z 40 L:: l_ 6E~~t PROPOSED R-40 TO PUD-C cRt. S1~1 t. 1 TR 1 ~ Y ~ N\cN TR 2 TR 8 3 ~~~(Q) ... I 2 _ .. z ~_ ; 28 \\ Ordinance 0-96-1053 EXHIBIT A ___.0______< _---hi ~ (?\ '1 DESCRIPTION ALL of that certcin tract or parcel of land ~ituated in the l. CARODINE SURVEY, Abstract No. 356, iorrant County, Texas and embracing ~ortian~ ot TRACT 1 and TRACT 2. McNARY ACRES :m Addition to the CIty ot Colleyville. Tarrant County. Texas ~ recorded in Volume 388-140. Page 78 of the Plat Records, Tarrant County. Texa~ and described by metes and bounds as tallows:, BEGINNING at the intersection of the Southerly boundory line at said Tract 2 and being in the East right at way line of Precinct Line Road from which a Texas Highway Department concrete Monument bears South 00 degrees 22 minutes 25 ~ec:mds West, 0.17 feet <, ,:..~ -..- ; ;<-; THENCE North 00 degrees U minutas 46 sect2nds East with said right of way fine and pa:sing at So.C!~ teet a Texas Highway Department concrete Monument. in all 377.42 feet to a Texas Highway Department concrete Monument; TH::NCE North 00 degrees 06 min:Jtes 2~ seconds East continuing with said right of way iine 105.79 feet to a Texas l-lighway Depatment concrete Monument; THENC-E North 48 degrees 12 minutes :31 seconds East continuing with said right of way line 14..3:3 feet to a Texas Highway Department concrete Monument; rriCNCE North 00 degre-..s 06 minutes 21 seeonds East continuing with said right of way line 2.14 feet to the Northerly boundary line of said Tract 1 ond the Southerly riqht of way line of L D. Lockett Road; THENCE South 89 degrees 27 minutes 00 seconds East with said Northerly boundary line and said South rigirt of way line paning at 269.86 teet the Northeast comer of said Tract 1 end the Northwest carner of said Tract 2- in all :368.86 teet to a 1/2 inch C:::;:loed steel rod stamped "~oak Surv. Inc." tor the ~orthwest comer of the tract described in the deed to Mark D. Herron and wife, Bfiss A. Herron recorded in Volume 11255. Page 1216 of the Deed Records. Tarrant CO:Jnty. Texas; THENCE South 00 degrees 23 minutes 00 seconds West with the Westerly boundary line at said Herron trc::~ 495.00 feet to a 1/2 inch capped steei rod stamped "Mook Surv. Inc." tor ~e Southwest comer of same. and beinq in the Southerly boundory fine of said Tract 2; THENCE North 89 degrees 27 mir.utes 00 seconds West 379.C4 feet to the place of beginning end ccntaininq 4.3057 Acres of land. more or less. as surveyed by David C. Mock SurvI!Y"rs. Inc. during the month of October, 1995. Ordinance 0-96-1053 EXHIBIT B I of" '1 ~~ ~~d COMMERCIAL REAL ESTATE BUILDER & DEVELOPER PROPERTY MANAGEMENT ROBERT F. KOHSMANN. PRESIDENT POBOX 1425 BEDFORD, TEXAS 76095 817-267-3373 PLANNING OBJECTIVES BY CLASSIC CONCEPT'S December 20, 1995 City of Colleyville .. ~ r ~ RE: Zoning Change on Property Located at the corner of L.D. Lockett and Precinct Line To Whom It May Concern: Classic Concepts would like to have this tract zoned for commercial retail. In the past I have had some interest shown in this land for a variety of businesses. At that time I felt it could not be zoned anything along the commercial lines. Since Precinct Line is now planned for a five lane major thoroughfare, and L.D. Lockett is also planned as a major collector, this land could be better suited to tax generating commercial land. It has also come to my attention that Colleyville has a real need for more commercial business. I believe this is the best place to convert residential land to commercial. If this property is zoned commercial, I will promote it for retail in the highest use. What is not used for retail, I will develop into office use as that need becomes available. Classic Concepts has built many office buildings of this type in the past. I would assume that the retail will be ready to develop as soon as the road is complete sometime in 1996. It would just come quicker if it had the zoning in place. Classic Concepts will own the complete tract when it is complete. The water is just south of this property on Precinct Line. The sewer is just east of this property on L. D. Lockett. Sincerely, RFK/ell ~@~~w~ G1 ! J ~ J '~ ; l I - I~ - - 1 LJ J ',- : ,~::-: U f(J!;;;~ra~ ~tert F. Kohsmann President C9 - 9G? -I 0 {1 Ordinance 0-96-1053 Attachment 1 By CITY OF COllEYVllLE COMMUNITY DEYE1.OPYENT >".."~-_._--,,-_._-~-_..,-----,..,.."-~-,-~ "i 0:;= '1 ~ L.D.LOCKE7T ROAD Q ~ a G <( I ~ 2 w ~ ...J I- (j Z U w oc lL I a... -- ~ W$E S SF1-Zll SITE PLAN II~~:=:..I - - Ordinance 0-96-1053 1- - - - -- (/) ~ h(/) i2(/) Attachment 2 A ~ of' <1 CLASSIC LIMITED CFNTER SOUTI-lEAST CORNER OF r=RECINCT LINE ROAD << LDLOCKET ROAD ,COLLEYVILLE, TEXAS S[TE DATA -LOT 1 GROSS AREA 6UILDING COVERAGE (PERCENT) PROPOSED OCCUPANCY IU5E PARKING SPACES REQUIRED PARKING SPACES PROVIDED 83,415 SF (1.~ ACRES) 15,.wlZ' SF (18.45 %) RETAIL SALES 11 (4I4ANDICAP) 81 (4I4ANDICAP) SiTE DATA -LOT 2 GROSS AREA 6U!LDING COVERAGE (PERCENT) PROF'OSED OCCUF'ANCY IU5E PA!;!KING SPACES REQUIRED PARKING SPACES PROVIDED 19,114 SF (lZ'.45 ACRES) 3,.wlZ' SF (11.25 %0) OFF I CE 11 (lI-lANDICAP) 19 (lI4ANDICAP) SiTE DATA -LOT 3 C--RQSS AREA !3Ul~ING COVERAGE (PERCENT) 19,114 SF 3 .4lZ'iZ' SF ~QP05ED OCCUPANCY IU5E ::;==iC: F.;.~!NG SPACES REQUIRED C>':'~JNG SPAC:::o PROViDED 1"'7 :! ~AN::;[CAP) Ie :: ~~~::;:CAP) Ordinance 0-96-1053 Attach me.I'1 t 2. eJ -r--'---~-----<----'----'-----' .