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HomeMy WebLinkAboutOrdinances (O-94-962)-10/04/1994 ORDINANCE 0-94-962 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 14.244 ACRES BEING 10.788 ACRES OUT OF THE J. GIBSON SURVEY, ABSTRACT 591, A PORTION OF TRACT 4A3, AND THE R. CHOWNING SURVEY, ABSTRACT 294, PORTIONS OF TRACTS 1 AND 1E, AND 3.456 ACRES OUT OF J. GIBSON SURVEY, ABSTRACT 591, A PORTION OF TRACTS 4A3B AND 4A3A, IN THE CITY OF CO LLEYVILLE, TEXAS FROM THE ML (LIGHT MANUFACTURING) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT- RESIDENTIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PU BLlCA TION. WHEREAS, an application for zoning change was filed by John Cole as Central Expressway, No. 1 Joint Venture on June 08, 1994 under Case No. Z-94- 023; 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, I 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, I, WHEREAS, II I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 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; 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 ML (Light Manufacturing) district to the PUD-R (Planned Unit Development-Residential) district together with all site plans, II . .._....~_l._.____.__.,._ .. Page 2 of 7 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 Developer's Planning Objectives, which are Attachment 1 to this ordinance, and the Site Plan, which is Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. 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. Sec. 3. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the (,f!. day of ~, 1994. The second reading and public hearing being conducted on the 6l0~ day of ~, 1994. ~ The third reading and public hearing being conducted on the Lt - day of ~,1994. TABLED AT THIRD READING. APPROVED BY COUNCIL ON FEBRUARY 7, 1995, BY A VOTE OF 3 - 2. MOTION TO OVERIDE MAYOR'S VETO ON FEBRUARY 21, 1995, FAILED BY A VOTE OF 3-2. ATTEST: CITY OF COLLEYVILLE Jean Harris, CMC City Secretary Cheryl Feigel Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney ~ C~ ---.----.-.----.--T----.- G? ~ ~~'o '-, , , ~ " " <' , ;' (1)0) I ~ ... ."1 ~2 .,. from ML to PUD-R >> ~ 3 ~.~ - ~ ~-..... . . . . - , - ~ ~. . '" EXHIBIT A ORDINANCE 0-94-962 ...-...--....---.-..---....-... -----r--.~._."-.""..-'~---,.-.. ,-. LEGAL DESCRIPTION TRACT 1 BEING all that certain tract, parcel, or lot ot land located in the ROBERT CHOWNING SURVEY, Abstract No. 294, and the J. N. GIBSON SURVEY, Abstract No. 591, Tarrant County, Texas, and more particularly described a. follows; BEGINNING at a point in the west right-ot-way line of Longwood Drive (a 50' right-of-way) same being the northea.t corner of LONGWOOD ESTATES AT ROSS DOWNS PHASE II a. recorded in Cabinet A, Slide 1246, Plat Record., Tarrant County, Texas; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE S 78049'39" W, 527.87 teet along .aid north line; S 79037'39" W, 737.55 feet along said north line; N OP13'48" E, 269.94 feet; N 89031'06" W, 23.99 feet; N 00004'22" W, 96.30 feet; N 79037'39" I, 298.79 feet; N 23047'43" W, 25.39 feet; N 66048'18" I, 543.81 feet; N 78015'06" E, 161.02 feet in the west right-of-way line of the aforesaid Longwood Drive tor the beginning of a non-tangent curve to the left, with a central angle of 47054'09", a radius of 530.00 feet, a tangent length of 235.43 feet, and a chord bearing of S 30050'57" E, with a chord length of 430.32 feet; an arc length of 443.11 feet with the west right-of-way line of said Longwood Drive and along said non-tangent curve; S 54048'02" I, 22.38 feet with the west right-of-way line of said Longwood Drive to the beginning of a tangent curve to the right, with a central angle of 13013'51", a radius of 475.00 feet, a tangent length of 55.09 feet, and a chord bearing of S 48011'07" I, with a chord length of 109.44 feet; an arc length of 109.69 feet with the west right-of-way line of said Longwood Drive and along said tangent curve to the POINT OF BEGINNING, containing 10.788 Acres (469,931 square feet) of land, more or less. EXHIBIT B ORDINANCE 0-94-962 ------r--..-.............. LEGAL DESCRIPTION TRACT 2 BEING all that certain tract, parcel, or lot of land located in the J.N. GIBSON SURVEY, Abstract No. 591, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point in the south right-of-way line of Colleyville Boulevard (State Highway 26); THENCE THENCE THENCE THENCE THENCE THENCE N 66011'40" E, 379.76 feet; S 34056'20" E, 309.90 feet; S 04001'40" W, 136.64 feet; S 90000'00" W, 494.49 feet to a point in the east right-of-way line of Longwood Drive (a 60' R.O.W.); N 05000'00" E, 28.93 feet to the beginning of a tangent curve to the left, with a central angle of 22048'12", a radius of 530.00 feet, a tangent length of 106.88 feet, and a chord bearing of N 06024'06" W, with a chord length of 209.55 feet; an arc length of 210.94 feet along said tangent curve to the POINT OF BEGINNING, containing 3.456 Acres, (150,545 square feet) of land, more or less EXHIBIT B ORDINANCE 0-94-962 _____.".,_--...,--___..._._,..____.__.~_............__."...,__m_._ DEVELOPMENT PLAN 1. Planning Objective. The subject property is bounded on the east by Longwood Drive, on the south by Longwood Estates and on the nonh by State Highway 26. Study ot the property indicates that improvement of the entire 18 acre parcel in accordance with the existing ML zoning classification is impractical at this time. The highest and best use of the subject 13 acre tract is single family residential compatible with the adjoining Longwood Estates and this use will enhance the CoUeyville Boulevard corridor for quality commercial development The proposed use of the subject 13 acre tract is single family residential with lot sizes and deed restrictions compau"ble with Longwood Estates. 2. Legal Description . The legal description of the proposed development is attached. 3. Construction will begin within 60 days after Construction Plans have been approved by the City Staff of CoUeyville. We anticipate construction to be completed in six to nine months after that date. 4. The current owner of the property is Central Expressway No.1 Joint Venture. The Property will be developed by the CoUeyville Development Limited Pannership of which 1. John Cole will act as representative of both groups. S. Utilities are currently available to the site and improvements will be included in the construction plans. ~ /C--e- John Cole ATTACHMENT 1 ORDINANCE 0-94-962 -----------~-------------.._..-------_._--..,..._._- I i ,t i I ~~! Hi jf; '! I ti, ~ !~j ;~: J' I: I I. ~ '.:,. ;1. 'I! Itl ,.' . I., ~JI ~:." ..c I~ i 1 il ]tt ~f. · n In . ~i~ ~ii ;!1 I~;~ i j ; ; i ; i j i ."'.! i~tl : : ! : ! : ! : : I , ,I ,I~ ; J t" I .. I', , ~ t t; ~ ,II' I '! I .' I . filii : I ;:;;J ~. :,.; ';...= ~~ t:; 1.. ~r!l! lll}ji! I!i ! 1!, 'i I:;'~ :}; I h.; II .r.ll '\' , f.'" ;', j. J I J J: .: ~r It',! :'; ! ~jl'r; :. .:~~; I:' ,. ! f. j, ~, ::::" I 'I'! ; ;tit tl;lit t1'; ; HI:r .J :h. iU: . .!IJ... I.; ....L.. i..' . ~ r. ~--\ ; ~. . -. C' . \' . ~ ~ ,'il .' ~ . ~. ('1 '!:" jil:;" Ii 'I" \ .:.AI h~i j'i,.'/' " \ -'---, ". ',' ','" /. . il \... ~_..,. .'\.?- ~ So.. _ c. . ... ~L :Ii! z " "V"'" ~- "' I . . .u--:Y ! i " i ~ .1 Ii it " Ii . ~ .. I' i ~ " I! ~ ~i I;, :1 "11' :h II i ~ . ji "l ' ., r ~j 1.1 "I I ~w:. I .; ,. r. ~ f~ll 10 I" t!J' I .: I;.j i; 'i 'f" J: J, J .1 'r t, - 't.. i !~ flu ~i ,i -'l' ~! :II! tl! i" ~ J..; i, c ..} .U. 'tel . .... ~ ~ ~ ~ 11\ llf ~ ~ ~ ; : t~ ,~ . ~;; =; ~ ~ I ~ r ~i Ii ~ ! I! i II ~ . ~i ~~ z" !i? ~ 8 oS ~~ ~ ~ z ~ i I I i ! r I ,~ , '" . r:: .. ".! '0 , _,if~ , '" '\...1 ,,; '\ ,...... ~:. I I aH :i !~ -............--...~ .; .1 ".:~~. - ~ --./" \/~- -L._ \~\\ ~:-- - -;-.;- . >... ~. ...<j'"~...t &1 . . .......~~.. :1 :i ~,-t. :;: it , q \ ." II- \; ........',.. it ~j l-- .. ~ ',\:. ,'\ l':" J ~ . ~ ," - . -,.., j-, \' ' -!- . .....i1ail . ~ \\. t ::. -.; "-', 1', \ -I;. ~~'\ , ~~\ " -; \ 0... _ "' \. lir- 't :!"/ ~) ~',(.~/4., \\. ..! 1:;-, .....~ r,..- , . 'v. ~ir:::.:~; ,.- ~. lii:! I.: ."x. ~.: -f .IV ",: ',..~ 'L.,- sS! wx<:' . f?i i':\"~. .. .i- . \~".~. \.\~~~. 4 '. -: J.. \'I .:1' a..~' j'I"1 I- ATTACHMENT 2 ORDINANCE 0-94-962 l r' ~ ~ ~ ;~ c, iir'I: : ~ :3;i ;; j- ~ : ~ j ~ ~t ~~;~ r . ! . . ~'J;~! I ~.. ~i ,.- 1-, , :,,;, I t- .. ,l,K - 1. &!t : -, t i j ! I . '1 f I " .~ ii: . rli , .. h 1 ) II ! " i! p II "", It I . i,u, U i i .'J; & I: ;0' n I i := !' : ~ '. I' .1'" - ,) :~" ::: 'I' I :- ., I ; i ~ ~ fd .1 " o!i i 1/ j;H I! I I -. i I . , u, !i~i}; .~;;!!:~~ J .u:...::-~. I iil II.., !.. n!!;'ll'; Umil ! ;j . " ~; ce1e "'(~xa~ THE CITY OF COLLEYVILLE TEXAS CHERYL FEIGEl MAYOR February 10, 1995 Councilmember John Grace 3402 Pembrooke Parkway S. Colleyville, TX 76034 Dear John, I have given the John Cole re-zoning proposal considerable thought and spent a great deal of time talking with others about the implications of the plan as approved. I have made a decision to veto Ordinance # 094-962 passed by the Council on February 7, 1995 with a 3-2 vote. My reasons are as follows: 1) The current residential proposal does not meet the minimum nor the average density requirements as outlined in the Colleyville zoning ordinance. The ordinance, however does allow the City Council discretion in waiving the requirement "when in their opinion the proposed development densities and land use arrangements shown on the site plan would result in a more innovative siting of buildings and facilities which would improve the usefulness of yard areas and their relationship to traffic circulation, admittance of light and air to buildings, fire protection and usable open space." In my opinion there is nothing "innovative" in this proposal to warrant a waiver, and furthermore sets a dangerous precedent for arbitrarily waiving the density requirement, as set out in the zoning ordinance, which future developers will remember and will very likely also request. 2) I do not believe this proposal represents the highest and best use of the land. When a portion of Mr. Cole's property was re-zoned several years ago to allow for the Longwood subdivision, it is my opinion there was a general agreement that the remainder of the tract would ultimately be developed as commercial. That tract represents one of the last large tracts for commercial property in Colleyville and lies squarely within the commercial corridor as designated by the current "preliminary" master plan update. Commercial pockets, or "neighborhood commercial" identified in the 1987 master plan have been eliminated in the updated master plan in response to significant citizen input. Therefore, I believe it is critical to the long term economic stability of our community to now preserve all commercial potential along Highway 26 and furthermore, to ensure that within these developments adequate buffering between commercial and residential land uses be incorporated. 3) I believe the recent changes made in the original proposal were substantive and should have been referred back to the Planning & Zoning Commission for review. The city staff and the city attorney made that recommendation as well. The proposal approved by the Council on 2/7/95 was not the same proposal considered by the Planning and Zoning Commission nor at the three public hearings by the Council. I believe that if the new proposal had been reversed with the residential varied upward and the "future commercial" downward, it indeed would have been regarded as a substantive P.O. Box 185 COIHYVILLE, TEXAS 76034 (817) 577-7575 METRO .." '.. ---,.--."",..-..., change. Therefore, I believe the consideration of "substantive change" was subjective and disagree with the decision of the majority of the Council to move forward without P&Z review of the new proposal. 4) I believe this tract of land would be most effectively developed as an entire "master planned" development with all land uses clearly identified. There is now a new "understanding" that if the new proposal for additional residential is approved the remainder will be commercial. It is important to recognize that the commercial re-zoning request submitted recently for the remainder of the tract was withdrawn by the applicant. Although the "understanding" seems clear, as I believe it was before, there is no commercial zoning case currently being considered by this Council and nothing to ensure there will be. If the entire tract was submitted as a master planned development this issue could be addressed, as well as the issue of adequate buffering between commercial and residential and the issue of compatible uses and aesthetics. We have been advised of significant problems relating to incompatible uses around the Kroger development and I believe it is our responsibility to avoid duplicating that situation. Mr. Cole has stated that my ideas are unrealistic and that "more rooftops" are necessary to attract commercial. I recall only five years ago there were several in the commercial development profession who said there weren't enough rooftops in this area to attract restaurants. One developer took a chance and built Chili's, then soon after built Macaroni Grill to handle the overflow. The rest is history and there's still a waiting line for tables, if you even find a parking place. I have talked with several commercial developers about Colleyville and I believe there is indeed commercial potential at this location that will generate much needed revenues to our City and help us to protect the low tax rate we now enjoy. My decision to veto this ordinance was made with a great deal of thought, for the residents of Colleyville today and for the residents of Colleyville in the future. Cheryl Feigel v' cc Bob Stripling, City Manager ~ ~_u_~~_~__~___ _~ ______~_____~_~___ ___,.-_ ._~_~_~_____ I FebnJa..y 15. 1995 e MayQf' Cheryl Feigel City of Cotleyvltle Colleyville, Texas 76034 TexaS C~: 782373140 Deal' Mayor Feigel: Today, I was verbally advised by the City Manager that you had vetoed Ordinance 094-962. I requested that he forward to me as soon a. possible a copy of all omelel city documents showing your veto In writing with an otftcial date and time of the veto on the document. Expeditiously, as he alway. perfonns, Mr. Stripling sent me a copy of the blank last page of the ordinance among other docurnenta showlng only what it appears to be the word "vetoed" and a signature C. Feigel. There's nothing else on this document. In addition, no data nor no time is shown indicating an otftcial veto by you on any city stationary WIth an official date an time of the veto. Equally important, , did not receive and have yet to t'8caive any offtcial explanation nor document from you saying, I h."" ..m.cr Ordin.noe... or I hfJlWby \f8CO OrrJ/n.nc.... _ as soecifleatlY reQuired bv tn. Cltv Charter. or showing your veto with a date and time on it. In additiOn to mv reauests tod.y. , did receive. copy of . letter addrwaaed to another council member that the city secretary toed me wherein you offer some personal ....son. and wheAtin you state. "' have made. dectsfon to veto ot'dinllrK:e 094-962". I have consulted with a legal ekpert on this m_r and I have been infofm4ad that your" I have made a decision to veto... If does not ofI'IclaUv constitute a veto of anything. Since you did not follow coneal proeedure by failing to infonn me In writing a. well .. by failing to show a definite date and time of your veto, your veto In my opinion is in violation of the City Charter as well .s null and VOId. Since 7 dayS have already passed since January 6, Ordinance 094-982 has become law according to the City of Colleyvllle City Charter. the City manager should proceed and cany out Ordlnance 094-962. Mrs. Mayor, It is not important and highly irrelevant how Dick, ChriS, Buck, Ted or Harry did thing- or ran the show in the pallt. You 'aUure to follow procedure mak.. your veto void and invalid. If you wish to hang on to your nuff and void veto, I 'Nt" take lega. actiOn to protec.t the inteNSts Or the taxpa~ and ensure that their wishes are carried out regardless of what you feel it Is best for them CouncUperson Place 2. cc: City CouncHpersons City Manager P.O. SOX 185 COLL.EYVILLE. TEXAS 7e034 (817) sn-7S75 02;16/95 09:08 rX/RX NO.1442 P.002 . ......'..--.-.-...--....."....