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.
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EXHIBIT C - CONCEPTUAL SITE PLAN
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EXHIBIT D - CONCEPTUAL BUILDING ELEVATIONS
r1\SOlJ!HELEVATlON
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8 ~~T ELEVATION
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EAST ELEVATION
W NORTHEL~ATION
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NORTH ELEVATION
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