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Home My WebLink AboutOrdinances (O-03-1432)-12/16/2003 ORDINANCE 0-03-1432 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 LOTS 1, 2, 3, 26, 27 AND 28 BLOCK 2, FAIRWAY ADDITION, FROM THE R20 SINGLE FAMILY RESIDENTIAL AND CN NEIGHBORHOOD COMMERCIAL DISTRICTS 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 Realty Capital Corporation on September 30, 2003, under Case No. Z-03-026; 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 "An, and described as Lots 1, 2, 3, 26, 27 and 28 Block 2, Fairway Addition, by changing the zoning of said property from the R20 Single Family Residential and CN Neighborhood Commercial districts 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 office and retail land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-1432 Page 2 of 4 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC1 and CC2 zoning districts, except the use for general offices, banks, financial institutions is limited to 20% of the square footage of the development. Any use for general offices, banks, financial institutions above 20% of the square footage of the development shall require a special use permit. (2) Any use in the CC1 or CC2 districts that are subject to approval of a Special Use Permit shall be required to obtain approval of said Special Use Permit in accordance with the Land Development Code b. The following land uses shall be prohibited within this Planned Unit Development. (1) Building material sales with or without outside storage (2) Motion picture theaters 3. ALCOHOLIC BEVERAGE SALES a. A Special Use Permit for alcoholic beverage sales for on- premise consumption in conjunction with a restaurant use is hereby authorized. b. A Special Use Permit for alcoholic beverage sales for off- premise consumption for a specialty wine shop or gourmet food store is hereby authorized. c. This property is subject to the distance provisions from schools as required by the Colleyville Code of Ordinances and Texas Alcoholic Beverage Code. 4. CONCEPTUAL SITE PLANS AND PLATTING a. The arrangement, location, footprint and elevations of buildings within the PUD-C may differ from that shown on the attached Exhibit "B" and Exhibit "Cn and will be determined at time of site plan approval. b. Prior to the issuance of any development permits within this PUD-C and as a condition to 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. Ordinance 0-03-1432 Page 3 of 4 5. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: (1) Minimum Lot Size (2) Building Line adjacent to street (3) Side Building Line (4) Rear Building Line None 40 feet 15 feet 15 feet b. The building shall not exceed thirty-five (35) feet in height. 6. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. There shall be constructed a landscape screen along the north property line that shall consist of a row of evergreen shrubs, which shall reach a height of eight feet within two years after development of the site. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. c. There shall be constructed a landscape screen adjacent to the east property line on Curtis Road that shall consist of a row of evergreen shrubs, which shall reach a height of eight feet within two years after development of the site. A combination of trees and shrubs may be used provided a solid landscape screen is obtained. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. 7. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. 8. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to McDonwell School Road, unless funds are escrowed with the City for future construction of the sidewalk. b. The developer shall construct a ten (10) foot wide hike and bike trail adjacent to Precinct Line Road or along Curtis Road, as approved by the City. c. Sidewalks shall not be required adjacent to Curtis Road along Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-1432 Page 4 of 4 this property's frontage. 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 02 .v~ day of 2004. Th second reading and public hearing being conducted on the /f- ~ day of cP; (l~ 2004. ~~~~ Cynthia Singleton, TRMC City Secretary ,AS TO FORM AND LEGALITY: _~.~,c_._'~..... ,.., EXHIBIT A - ZONING MAP site EXHIBIT B - ZONING EXHIBIT :gi~ <:J OJ, ~ ~i:a t- o :0 ~ ~ Q "! '::j ;j{") ~'r ~: ~ !~ ,~ :a ,); ~~~ .;' I~ <^~ ~' ~ ~~ ~ ~~i) g; , ~:r;j .- " ... 1,)Ji (j 0 i~ ~ ~ ~ ~ '{i ;;;..: ,1::.<;.- $~ ".", ",," ~,t i~ ~.:" '" .$ il:: e, ~ ~ r- ~ ~~ :t ~~ '0 ~, ~ 0 ~ 8r- '::0 ~ I:) ~() .0 {.:~ ~ " ~:t t; th, '. ~,Cl g~ '" ~ ~ )Ji "....'" 3~d ... ."".".,. .1.1"\1'118 (j ,.,. 31'111- oJ O'dO~ o ~ ,~ 'II ==B ~; 1: ~. u ''(: ;" ~ t :; ':0.';; '~; s: s' ~ ~-;':';' "tJ ~ ~ ~ ~ : ~ ~ i~ ~ -~,~ -~ ~ ~ ~- ~ I~ ,; . ~ 5 ~ ;:i~ ~ IQ ~ ~ ~ /i (j 1\ iC : I~ :("7..., {~ r. ."J ~ ,'C> o :Ii i.!~ ~ : "'D i!; :Z ".. a ..~ ~ co ~- '---' ,,;;; ~-; . ,--, '.~ (; - *f?,;~ 3: <:" Og - g ~ Ai J t.,1 ~ _.;.r; I " · .,,~ ~i""""'" ~~ );;l:- ~; "'.'J: , ~ hi 8'"- '" ~~ ~ / 1St; A'~ ~t ~' >~ ~~ ,,~ ,.. '"1 ;'; '"' ,.!l~, ~ ' . . ( ~ , CURTIS ROAD d U ~J;; ,. f~' "0::-,-';1 ,."jI,.~ "tl il) d ~!i ~~ ~! H ~J;; ~! ~~ EXHIBIT C - BUILDING ELEVATIONS PROPOSED FRONT (SOUTH) ELEVA nON PR9E9~gpENQ (S9UTH.~\IlIg$7! ELEVA T19N