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 .
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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 :
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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
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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:
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~~YVILLB
Richard Newton
Mayor
Harris, CMC
Secretary
AND LEGALITY:
~~D~
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Ross T. Foster
City Attorney
jh/ord/093894
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ORDI NANCE
PAGE 2 OF 6
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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
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ATTACHMENT 1
ORDINANCE NO. 0 - 92 - 894
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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.
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