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Home My WebLink AboutOrdinances (O-04-1445)-03/02/2004 ORDINANCE 0-04-1445 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 1.9 ACRE TRACT OF LAND OUT OF THE N. B. LOONEY SURVEY, ABSTRACT 937, FROM THE AG AGRICULTURAL 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, this property is owned by the City of Colleyville and the City Council has directed staff to initiate the rezoning of this property under Case No, Z- 04-004; 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: See, 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 description attached as Exhibit "8", by changing the zoning of said property from the AG Agricultural district to the PUD-C Planned Unit Development Commercial district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein, Sec, 2. THAT this Planned Unit Development - Commercial shall be subject to the following conditions: 1. GENERAL a, The purpose of this PUD-C is for retail land uses. Ordinance 0-04-1445 Page 2 of 4 b, This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES The list of permitted uses shall be limited to the following uses, as shown below: a, Hotel! Motel b. Bakery c. Meat & fish market d. Cafe, cafeteria & restaurant e. Restaurant with drive-thru service f. General retail sales g. Pharmacy! Drug Store h. Retail hardware store I. Book or stationary store J. Jewelry, camera, music store k. Florist shop I. Furniture store 3. PLATTING AND SITE PLANS a. 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 (minor) plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code, The street and lot arrangement shall be generally consistent with that shown on Exhibit "C", b. Prior to the issuance of any building permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a site plan in accordance with the requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall the following minimum standards: a, Minimum Lot Size b, Building Line from a street c. Side Building Line d. Rear Building Line e, Maximum Building Height none 40 feet none (25' abutting residential) none (25' abutting residential) 35 feet Sec. 3. See, 4, See, 5, Ordinance 0-04-1445 Page 3 of 4 5. OPEN SPACE AND LANDSCAPING a, Each 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, 6. SIDEWALKS AND TRAILS a, The developer shall construct a 12,5 foot concrete trail along the south side of Church Street in conformance with the Colleyville Pathway's Plan, In addition, the developer shall construct a five (5) foot wide sidewalk adjacent to Colleyville Boulevard, unless funds are escrowed with the City for future construction of these improvements, 7. OTHER a. The developer of each individual commercial lot shall construct a six (6) foot tall masonry screening wall where the commercial lot abuts a residential lot. b, The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. c, A Special Use Permit for Alcoholic Beverage Sales for on- premise consumption is hereby authorized for this property in conjunction with a restaurant use. d, This property is subject to the distance provisions as required by the Colleyville Code of Ordinances and Texas Alcoholic Beverage Code. 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. Ordinance 0-04-1445 Page 4 of 4 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 /7~ day of ltJ/oAh b~ 2004, The second reading and public hearing being conducted on the ..2 ~ day of )""'>-)aA.... ~ 2004. l 41~0)1-M Cynthia Singleton, TRMC City Secretary EXHIBIT A - ZONING MAP ite 0-99-1167 EXHIBIT B - METES AND BOUNDS DESCRIPTION I UATED In the City 01 Colleyvllle, Tarrant County, Texas and being a tract of land out of the N. B. ONEY SURVEY, ABSTRACT NO. 937, sald tract being a portion of that parcel of land conveyed to n W. J. Wright and Bette Jo Wright by deed as recorded In Volume 3505, Page 271 of the Deed rds of Tarrant County, Texas (D.R.T.C.T.), said tract being herein more particularly described by tes and bounds as follows: GINNING at a 1/2 Inch Iron rod set at the Southeast property corner of the said Wright parcel, said int being at the Intersection of the South survey line of the said Looney Survey and the existing Westerly r ht-of-way line of State Highway No. 26; ENCE, South 89 deg. 54 min. West, along the Southerly property line of the said Wright tract, at 12.99 t passing a 1/2 Inch iron rod found at the Northeast property corner of Lot 1, Block 1 of the Baylor alth Care System Addition, being an addition to the City of Colleyvllle according to the plat as recorded I ablnet A, Slide 2507 of the Plat Records of Tarrant County, Texas, continuing along the Northerly r perty line of the said Lot 1, In all, a distance of 332.85 leet to a 1/2 Inch Iro,:! rod set lor corner; ENCE, North 00 deg. 06 min. West 38.98 feet to a 1/2 Inch Iron rod found at the Southwest property ner of a tract of land conveyed to Aldon M. Sellers and Patsy Ann Sellers by deed as recorded In lume 4320, Page 193 of the D.R.T.C.T.; ENCE, North 89 deg. 12 min. 54 sec. East, along the Southerly property line of the said Sellers tracl d then along the Southerly property line 01 a tract of land conveyed to the said Sellers by deed as r orded In Volume 4362, Page 295 of the D.R.T.C.T., 215.52 leet to a 1/2 Inch Iron rod found at the utheast property corner of the second said Sellers tract; ENCE, North 17 deg. 28 min. 24 sec. East, along the Easterly property line of the said second Sellers t ct, 393.77 feet to a 1/2 Inch iron rod set on the existing Southerly right-aI-way line of Church Street; ENCE North 89 deg. 26 min. 47 sec. East, along the said right-of-way line, 233.59 feet to a 1/2 Inch rod set for corner on the Easterly property line 01 the said Wright tract and on the said existing terty right-of-way line of State Highway No. 26; ENCE, South 29 deg. 12' min. 38 sec. West, along said property and along the said rlght-ol-way line, .29 leet to the POINT OF BEGINNING, e tract of land being herein described contains 1.9354 acres (84,307 square feet) of land. E COMPANY IS PROHIBITED FROM INSURING THE AREA OR QUANTITY OF THE LAND SCRIBED HEREIN. ANY STATEMENT IN THE ABOVE LEGAL DESCRIPTION OF THE AREA OR ANTITY OF LAND IS NOT A REPRESENTATION THAT SUCH AREA OR QUANTITY IS CORRECT, T IS MADE ONLY FOR INFORMATION AND/OR IDENTIFICATION PURPOSES AND DOES NOT ERRIDE ITEM 2 OF SCHEDULE B HEREOF. EXHIBIT C -SITE PLAN ~ ~ I ""- i:lQ' ~ a -['j "-I ~ 4.if' ! -'Mt.~... i ~.. j---' -_.- J . -'~\"""-- . ---..-..---..,-...- Church St I I I I I I I I I I I I I I I I I I I I I I I I I I I I ..Jri.'fto _. G I I , J, I I I I / I I J I -~-, I I~/ , '. ;1//1!/