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HomeMy WebLinkAboutOrdinances (O-93-894)-04/06/1993 ORDINANCE 0-93-894 ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND HANGING THE ZONING OF 2.898 ACRES OUT OF THE B.B.B. & C. RR. CO. URVEY, ABSTRACT 206, A PORTION OF LOT 4, BLOCK 1, KROGER ADDITION, N THE CITY OF COLLEYVILLE, TEXAS FROM CC TO PUD-R; PROVIDING A ENALTY AND AUTHORIZING PUBLICATION. HEREAS, HEREAS, HEREAS, ~HEREAS . HEREAS, I~EREAS . ,I I 1 an application for zoning change was filed by Rex Scott, on July 22, 1992 under Case No. Z-92-984; and, 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, notice of a public hearing before the City Council was published ~n a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, notices were posted on the subject land as provided by the zoning ordinance; and, 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, the Ci ty 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; NOW, THEREFORE, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, EXAS : ec . 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, and described by metes and bounds as indicated in Exhibit B by changing the zoning thereof from CC to PUD- R, together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council, which are incorporated herein by reference including, but not limited to; Exhibit A - Zoning Map Exhibit B - Metes and Bounds Attachment 1 - Site Plan Attachment 2 - Planning Objectives -T Ordinance 0-92-894 Page 4 of 6 Sec. 2. Sec. 3. 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. 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 day of ^^~r~ , 1993. The second reading and public hearing being conducted on the day of Mfi (l.k , 1993. The third~reading and public hearing being conducted on the day of Hflt2.11 , 1993. EST: c2~ d44 t;f{. kJ~ ~~YVILLB Richard Newton Mayor Harris, CMC Secretary AND LEGALITY: ~~D~ (rn ( ~ '''--- Ross T. Foster City Attorney jh/ord/093894 'r - ,,--:c, _ --=:..... -:: ---, -- - -----. , !::::::::: I i , --- ,.' . ~~~).J" : i \, I I li llJ-LL1~ I \ I I;: . ,: I' , r '-'" .", ~ ,.I~~ I I i' ~ .' 1c;.;'~'1 \ I I I ..~ "1<1 I I' I' r : "I'll" I t II; . \ ~l LD' - :i ~ i '"":1, I \ I I I". ~ j ::l':-r.5:.. . ~J J $ 71 · i ! ~, i: . ~ .'::) I I I; t . f2l I I I . I ' ; 2 / AG I I I , , . ... > I.' ~ cc I '\ L t. I \ I ': I RA/L/r iADD I fAE ~... '" ~ ~ <: ~ ~ ~ _.- PARK -.\ ~/TY PARK .. ! ~. .3!? ~-~I:: - ...,j ~ -~_.~ -..---_.... ..---- .,--" ST ...:: ~ ~e,l. _ POLICE AND FIRE ST~GN C C TO PUD R :. '~~Q~c:r c "C T" .... A ,. - (... , I~t.:!~ ~A ~ .. !. O-,! .. ; i : \ i I 4' \ ,~ i ~ L AROL \"~ .....:, .,,,' . I i \'1)iL~~ ... . . ~~. ;' \" , \ ' .' j ~>. \ \ r3' . 4 ..:::..; ... ,", "1. (~: ; . . 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D;:-- ~ ..'- ~i ~' - ---- .. ~~ -~ I; , j. o~ NO. 0-92-894 - c;:;-~ ., ..... , :' ~- :/.t" , \.l ,~ ~ " su cc CD EXHI131T A .......--- ':""-......- - ORDI NANCE PAGE 2 OF 6 "'T 1 BEING a 2.898 acre tract of land situated in the BBB & C RAILROAD COMPANY SURVEY ABSTRACT NO. 206, Iarrant County, Texas and being a portion of Lot 4 Block 1, Kroger Addition, an addition to the City of Colleyville according to the plat recorded in Cabinet A, Slide No. 1029, Plat Records, Tarrant County Texas and being more particularly described as follows: COMMENCING at a 1/2" iron rod at the intersection of the north right-of-way line of Glade Road, a public right of way, 80 feet in width; and the east right of way line of Shadowood Road, a public right of way, 60 feet in width, according to the plat recorded in Volume 388-144, page 52, Plat Records, Tarrant County, Texas; THENCE N 00'02'17" E, with said Shadowood Road right of way line, 24.80 feet to a 4" concrete monument located at the POINT OF BEGINNING of the herein described tract; THENCE: N 00'02'17" E with said right of way line, 1028.51 feet to a 1/2" iron rod located in the south right of way line of Forest Oak Lane, a public right of way, 50 feet in width, being the northwest corner of said Lot 4; THENCE: S 89' 35' 25" E wi th said south right of way and the north boundary line of Lot 4, 120 feet to a 1/2" iron rod for corner; THENCE: S 00'02'17" W a distance of 1053.50 feet to an iron rod located on the north right of way of said Glade Road; THENCE: N 89'30'00" W with said north right of way line, 95.20 feet to a 4" concrete monument located at the beginning of a curve to the right which center point beard N 00'30'00" E a distance of 25.00 feet; THENCE: Northwesterly with said c distance of 39.07 feet through a N 44'43'52" W, 35.21 feet to the of land. EXHI131T 13 ORDINANCE NO. 0-92-894 PAGE 3 OF 6 ,.__._,._._,-~-_...-----,._'~-"".~~ ..<._.."'---"_.~------_.,-_.-----_. ...... -- ~" ,;:;:~~~;t;?,~. i, ~ t.!> ~ - (J) CI) () Q: ~ .. . ~ f u ;; I~ .1 ..:;...... \.-. ""\.~..- \,. .~ ..' ... "i.... - ....L ~ -,,,, 'r .... - Co; , '-c.' ':>. 1". n" If ~: J "".t ~. I).' !fl 'I~ ') :1. - 11:; ~ · I . · 1 1'-: H s.. f i -" '! !1! 'I!. ;'1"1 -. j. l1Ii 1- . f Hi 1";, h 111 Ji.;'l~' ~!] .~ "s n =1. 1;1 IS k' iIiJj ~s!i ~ ~JI i !~~! !Ii ~~~ .1~i !1~' JI ~'I ". ::;1r-1 ;.: t.1 sJ"~' t"t~, ,2 ,A-'I! s;; r'. Is! 1 '"J lj.- I "I i "lIY!l1 ,Ill l"n- 1, ' . PJ a.; · .a ih~J 'lll 11 IIi it 1,-11 1 : 1,19 J,i'i '.'.,. 11 1-, ! ~'l ,11'; ..J .,.il tir! sl In ~ t,h s'~ it. Ji~li 1. I,,:. ~s f: _5111 :1: !:! '1"1 .. ,'s)... ...1. - .....1 i-- --= :t111I ;~!'I ~I :i~ ~~ U!li ~II i~ . ::lIon -.) - , .. T ! - Ii. ill~i Ufit iii lill~ b": Iii Ir~~ ....O.OQ ............ .....caOct :::::::: : ,~ .Q.. ~ ;-~ ~ i~. F~ r <II(!:~ I 00 . o. o, o. . I' ... ... 01- uu> . .- . .. III...... _",a. a... 0... . . . . . I 0 . . . . .."...."......... \ -'"1 ; '\' ~ . i i; ; ;.-!, .:~j~.~.i: _ a: , :::5 ~ ; t J"" ~ : U) ;.~ j'. i P tJ"I j a i ~ . C . . .' , "'l..,i ~ 'c ~Z;);itt:: o 1: Ii:,..: No! t~~r;i . I. - di ~ i ~ \. ~- ~ .... ~ I! ,~. ,: ~J~' _llf . ~~ . ..s~ ~.. -.- If ~-- .. I '< ~ -! .~ l \ I r .~\' ~ ~ I ~ c-; i ;AI en (;)0 OJ Ui:'LL1 .....- lJI.> oii 8 '0 ~1 rIoll'l1I ...... Ii:! <!I'll:: 0 Cl- ..;,j Q ATTACHMENT 1 ORDINANCE NO. 0 - 92 - 894 I~ 1 il ~ '1 ~ . i ,. t 1; ~ 0: -1 1 Ii ! :1 <i i: .~ 11 !' .. Ii !~ . ..,..~ I . : =tttt..~ ~ u ' :~:::!:I=I:: .,. I O. . . . ~ .. : : ",_," .... I.'.... .. ......... . ........ . ........ . ........ . ....... .. ........ . ....... .. ...,.... . .. ,.,.... ........ . I...... I ...... ... .... I... ....... . ....... . .....,. . . " ..... ... .... ... ... ..... ....... . ....... . ....... . : T~~~:~1 · ~~:i:n~!!iJ ~ .3'C..UI-t : i ,.. 001. .-(3 =U!Uil!! t ~~..~:!'U! . Eh;;i:.h~. :'\ ...t \fHl I ~L~F~1~ ~-, ~ h-?J-l1' : \ -. "...", .. --,-- ~ ii-r- PAGE 5 OF 6 THE CROSSING AT COLLEYVILLE PHASE II COLLEYVILLE. TEXAS ,\ PLA;-~ll..-G CP:.JcCln;cS'. The planning objectives for the development of this subdivision (current legal description attached) are to utilize a small strip of land lying between a commercial development and a residential development. Current zoning on the land is commercial. However, the only access to the land in question is via a street designed for and being used by a residential subdivision. The land has no frontage for commercial traffic, signage or exposure to other businesses. Should an attempt be made to develop the tract commercially, the traffic and signage would severely impact the residential area immediately across the street. In addition, commercial traffic could have severe adverse effects on streets not designed for commercial traffic as well as the normal foot traffic associated with a residential subdivision. With the development of a new elementary school immediately to the south of this tract, additional consideration should be given to eliminating commercial traffic on Shadowood Road. The character of "THE CROSSING AT COLLEYVILLE" would be best described as an upscale, custom, single-family home subdivision with adequate protective covenants (see attached) to insure the same. This subdivision is made UP of lots with an average size of 9,100 square feet with the front, rear, and side yard setbacks based upon market studies and consumer demand. This was previously a multifamily zoned tract that could not be developed and thus a low producer on the tax rolls. Today it is a very successful single-family subdivision tax generating property that has created jobs in the area and has brought an end product to market that is in high demand. Phase II in "THE CROSSING AT COLLEYVILLE" would be a step UP from Phase I with lot sizes averaging over 13,500 square feet allowing for more variety in sizes and styles of custom homes. Probably one of the most significant factors would be that homes would back UP to and provide a buffer between a commercial and residential development. A masonry fence approximately seven to eight feet high, subject to ordinances, would be built separating the two zonings. A new street built in the north part of the property would provide an additional traffic outlet. Current drainage problems c~l,lrl be easily resolved with this development. ATTACHMENT 2 ORDINANCE NO. 0 - 92 - 894 PAGE 6 OF 6 Ordinance 0-93-894 Attachment 3 Page 7 Attachment 3 Ordinance 0-93-894 Conditions of approval of PUD-R Zoning, for a 2. 898-acre tract being a portion of Lot 4, Block 1, Kroger Addition: NO BUILDING PERMIT SHALL BE ISSUED FOR THE SUBJECT PROPERTY UNTIL THE FOLLOWING IMPROVEMENTS HAVE BEEN COMPLETED: A. Screeninq of Kroqer roof-mounted equipment from view from the subject PUD-R lots 4, 5 & 6, to consist of the installation of opaque or semi-opaque (minimum 65% opaque) permanent screening along the rear of the roof of the Kroger store, extending from the westernmost corner of the building northeasterly a minimum of one hundred ten feet (110'), and constructed to a height not less than one foot below the highest point of the roof-mounted mechanical equipment being screened. B. Modification of Kroqer wall-mounted area lightinq on the rear wall and the south wall to shield each light source or diffuser from the subject PUD-R lots. C. Installation of eiqht-foot privacy fencinq along the east boundary of the PUD-R lots consisting of a minimum twenty percent (20%) masonry. Masonry content may consist of colums, wall panels alternating with wood fence panels, or a continuous wall base with wood fencing on top. Wood fence panels shall be installed on steel posts. D. Screeninq of the Kroger compactor / trash container with eight foot wood fencing matching the wood portion of privacy fencing required by "C" above. ARCHITECTURAL DESIGN OF HOUSES ON PUD-R LOTS 3, 4, 5 AND 6 SHALL ENSURE THAT SECOND-FLOOR VIEWS ARE NOT ORIENTED PRIMARILY TO THE KROGER STORE AND ADJOINING COMMERCIAL STRUCTURES. Homes on lots 3, 4, 5 and 6 shall have no second-floor windows which face the rear property line and which have a finished window sill less than five feet (5') above the floor. 'T