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HomeMy WebLinkAboutOrdinances (O-04-1458)-04/20/2004 ORDINANCE 0-04-1458 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 15.10 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE CC2 SHOPPING CENTER COMMERCIAL 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 Pecan Creek Village Center Partners LLC, on January 19, 2004, under Case No. Z-04-011; 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 the attached Exhibit "B", by changing the zoning of said property from the CC2 Shopping Center Commercial 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 retail, commercial and office land uses. Ordinance 0-04-1458 Page 2 of 6 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED AND PROHIBITED LAND USES a. The following land uses shall be permitted within this Planned Unit Development. (1) One (1) convenience store with gasoline sales and car wash One (1) automobile repair and service facility without outside storage Convenience store without gasoline sales Restaurants with drive-in or drive-through service Supermarket or grocery store Bakery Meat and fish market Cafe, cafeteria and restaurants General retail sales (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21 ) (22) (23) (24) (25) (26) Pharmacy and drug stores Retail plumbing, electrical and hardware stores Bookstore or stationery shop Jewelry, camera or music store Florist shop Furniture store Pet shop Gasoline service station Building material sales without outside storage Barber shop, beauty shop, salons and day spas Dry cleaners Alterations shop Health and fitness studios Music and dance studios I nterior decorator shop Caterer Medical and physician offices Ordinance 0-04-1458 Page 3 of 6 (27) Veterinary clinics without outside kennels (28) General offices (29) Banks and financial institutions (30) Day care center and day nurseries (31) Community buildings (32) Business and professional schools (33) Train passenger terminals (34) Government buildings and parks b. The following land uses shall be prohibited within this Planned Unit Development. (1) Self-service laundromats (2) Funeral homes or mortuaries (3) Bus passenger terminals (4) Cemeteries and mausoleums (5) Kindergarten, primary or secondary private schools (6) Junior and senior colleges and universities (7) Vocational, technical and trade schools (8) Indoor and outdoor amusements 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 grocery store, convenience store, specialty wine shop or gourmet food store is hereby authorized. 3. CONCEPTUAL SITE PLANS AND PLATTING a. The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and Exhibit "0" and will be determined at time of site plan and landscape 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 Ordinance 0-04-1458 Page 4 of 6 property in accordance with the procedures and requirements of the Colleyville Land Development Code. 4. 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 (5) Maximum Lot Coverage (building) None 40 feet 1 5 feet 1 5 feet 60 percent b. The buildings shall not exceed thirty-five (35) feet in height. 5. 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. The landscaped area may be utilized for storm water detention purposes. c. This property shall be subject to the tree mitigation plan approved by the Planning and Zoning Commission on September 8, 2003. 6. LIGHTING a. The height of a light standard located on the property shall not exceed twenty-five (25) feet in overall height. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to John McCain Road, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. b. The developer of each lot shall construct a 5-foot wide sidewalk adjacent to Colleyville Boulevard, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-1458 Page 5 of 6 8. GENERAL DEVELOPMENT CRITERIA a. 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. b. The exposed exterior walls of each building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. c. The columns of the gasoline canopy shall be constructed of masonry or stone material. The canopy shall provide a pitched or mansard roof. d. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (150) of perpendicular to the right-of-way line of Colleyville Boulevard. e. The servicing of vehicles outside of a building shall be prohibited. f. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. All outside storage shall be located so as not to be visible from Colleyville Boulevard. 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 pu blication. Ordinance 0-04-1458 Page 6 of 6 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: DENIED WITHOUT PREJUDICE APRIL 20, 2004 CITY OF COLLEYVILLE / / Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP R Zoning Map - Z04011 EXHIBIT B - METES AND BOUNDS DESCRIPTION All that certain 15.10 acres of land, out of the 27.440 acre tract described in the deed from Highway 26 McCain Joint Venture to Hastings Cove, Ltd., recorded under Volume 13510, Page 204, in the Deed Records of Tarrant County, Texas, in the Absalom J. LoU Survey, A-963, City of Colleyville, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: (All bearings based on record bearings of said 27.440 acre tract) COMMENCING at a P.K. Nail found for the northeast corner of said 27.440 acre tract, in the northwest right-of-way line of Colleyville Boulevard (State Highway 26 -100 foot wide right-of-way), common to a point on a curve to the left, having a central angle of 08 degrees 01 minutes 49 seconds, a radius of 2914.79 feet, and a chord bearing and distance of South 45 degrees 29 minutes 12 seconds West - 408.18 feet; THENCE along said curve to the left, along said northwest right-of-way line, in a southwesterly direction, an arc distance of 408.52 feet to a 5/8 inch iron rod with cap stamped 'Pate' set far the most easterly northeast corner and POINT OF BEGINNING of the herein described tract, common to a point on a curve to the left, having a central angle of 12 degrees 23 minutes 00 seconds, a radius of 2914.79 feet, and a chord bearing and distance of South 35 degrees 76 minutes 48 seconds West - 628.74 feet; THENCE along said curve to the left, continuing along said northwest right-of- way line, in a southwesterly direction, an arc distance of 629.97 feet to a 1/2 inch iron rod with cop stamped 'Beasley' found for the end of curve; THENCE South 29 degrees 05 minutes 18 seconds West - 486.77 feet, continuing along said northwest right-of-way line, to a 5/8 inch iron rod with cap stamped 'Pate' set for the southeast corner of the herein described tract, common to a point on a curve to the left, having a central angle of 25 degrees 58 minutes 10 seconds, a radius of 495.16 feet and a chord bearing and distance of North 74 degrees 49 minutes 38 seconds West - 222.52 feet; THENCE along said curve to the left, in a westerly direction, an arc distance of 224.43 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for a point on a curve to the right, having a central angle of 17 degrees 50 minutes 05 seconds, a radius of 284.57 feet and a chord bearing and distance of North 82 degrees 15 minutes 09 seconds West - 88.22 feet; THENCE along said curve to the right, in a westerly direction, an arc distance of 88.58 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for an angle corner of the herein described tract; THENCE North 28 degrees 56 minutes 25 seconds East - 33.22 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 86 degrees 25 minutes 16 seconds West - 13.66 feet to a 5/8 Inch iron rod set for an angle corner of the herein described tract; THENCE North 67 degrees 32 minutes 17 seconds West - 215.87 feet to a 5/8 Inch Iron rod set for the most westerly southwest comer of the herein described tract; THENCE North 44 degrees 39 minutes 19 seconds East - 52.02 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 07 degrees 42 minutes 59 seconds East - 323.23 feet to a 5/8 Inch iron rod set for an angle corner of the herein described tract; THENCE North 19 degrees 46 minutes 38 seconds East - 153.37 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 32 degrees 28 minutes 03 seconds East - 136.15 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 23 degrees 52 minutes 36 seconds West - 22.05 feet to a 5/8 inch Iron rod with cap stamped 'Pate' set for the northwest corner of the herein described tract, in the southeasterly line of the Dallas Area Rapid Transit corridor tract as described in the deed recorded under Volume 10146, Page 640, in the Deed Records of Tarrant County, Texas; THENCE North 66 degrees 07 minutes 24 seconds East - 814.86 feet, along the said southeasterly line, to a 5/8 inch iron rod with cap stamped 'Pate' set for the north corner of the herein described tract, in the southwesterly line of the permanent street right-of-way to the City of Colleyville, as described In the deed recorded under Volume 14355, Page 21, in the Deed Records of Tarrant County, Texas, and common to a point on a curve to the left, having a central angle of 06 degrees 08 minutes 03 seconds, and a radius of 2039.35 feet, and a chord bearing and distance of South 45 degrees 05 minutes 22 seconds East - 218.30 feet; THENCE along said curve to the left, along said southwesterly line in a southeasterly direction, an arc distance of 218.40 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for the Point of Reverse Curvature of a curve to the right, having a central angle of 89 degrees 40 minutes 15 seconds, a radius of 39.98 feet, and a chord bearing and distance of South 03 degrees 20minutes 03 seconds East - 56.37 feet; THENCE along said curve to the right, continuing along said southwesterly line, in a southerly direction, an arc distance of 62.56 feet to the POINT OF BEGINNING of the herein described tract and containing 15.10 acres of land. o , , A \ I I I , I EXHIBIT C - CONCEPTUAL SITE PLAN .^ \I \ I' . \, " " , ~, ... / ~. .^/-~^ ~'-" ---- ....../ .- i . ~J ~ G ----- I ::) a ~ ~ o u , I I I I I II EXHIBIT D - CONCEPTUAL BUILDING ELEVATIONS r1\SOlJ!HELEVATlON C7 I"..~ ~ ... GtJwwr Dt/i . 1. 1 .' , ;:>,' Trt .,' ;.::- -.,; i. " , ' - ~',..,.: .'.:'. -', : " - ",--". .:' 8 ~~T ELEVATION 8 EAST ELEVATION W NORTHEL~ATION CJ "-1M .1102'.... T,o.NJOIl . ~~~NWU .~o:~(~ .... "[.(.~) , , , , , , , , , . , . , , , , . , , . , . , , , , 0' E9 NORTH ELEVATION 1".1\41"