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HomeMy WebLinkAboutOrdinances (O-93-917)-08/31/1993 ORDINANCE 0-93-917 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 6.5340 ACRES KNOWN AS MCNARY ACRES, TRACTS 1 & 2 TO THE CITY OF COLLEYVILLE, TEXAS FROM R40 TO PUD-C; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Robert F. Kohsmann on February 22, 1993 under Case No. Z-93-011; 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, WHEREAS, notice of ~ public hearing before the City Council was published 1n 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, WHEREAS, 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 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, and described by metes and bounds as indicated in Exhibit B by changing the zoning of said property from the R40 district to the PUD-C district (Planned Unit Development-Commercial) together will 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 - Conditions of Site Development .0 'r--r' .- ; I I 3~ :(;, " 1. I ,~O:;;,- \" f'lu I , 3: ~;~ ~ rrrrm . ., '6~ t. ~ "7"" I Jj. "'''''A', A2B ~ I I' , " fA' 1l:.L ~ I ~K RO . ;~ 24; ~ ~'\' -JJ. "~I ~ - ". r ! I .~ [ .....2:..l I I I 3C i I ~~ -a8 Ie" IA5 IA7 2A 81 28 .~ I II ICl I 2 lei.. I z Ie 3 A3 CC J.G I R-40 TO PUD-C I I L a LOCKETT IiO. )... a ~ ~ '" ;i!: ).. It ~ ~~ (,;) .!!: o < ~ ~i Q- ,"\1 - '^ I...J OJ I (; ~ ~ 0;:::' C/) '- /" I V I'" 'J lut / '; _iJ a i ,A~e I EXHIBIT A ORDINANCE NO. 0 - 93 - 917 I McOO/VWELL SCHOU:'" I rrt) I f! 8 1 METES AND BOUNDS DESCRIPTION TRACT 1 & TRACT 2 DESCRIPTION ALL of that certain tract or parcel of land situated in the I. CARaDINE SURVEY, Abstract No. 356, Tarrant County, Texas and embracing TRACT 1 and TRACT 2, McNARY ACRES an Addition to the City of Colleyville, Tarrant County, Texas as said tract appears upon the plat recorded in Volume 388-140, Page 78 of the Plat Records, Tarrant County, Texas and described by metes and bounds as follows: BEGINNING at a 1/2 inch capped steel rod stamped "Moak Surv. Inc." for the Southwest corner of said tract 2 and being in the East right of way line of Precinct Line Road; THENCE North 00 degrees 23 minutes 00 seconds East with said right of way line and passing the Westerly Northwest corner of said tract 2 at 50.00 feet, in all 495.00 feet to a 1/2 inch capped steel rod stamped "Moak Surv. Inc." for the Northwest corner of said tract 1 being in the South right of way line of L. D. Lockett Road; THENCE South 89 degrees 27 minutes 00 seconds East with said South right of way line passing at 275.00 feet the Northeast corner of said tract 1, in all 575.00 feet to a 1/2 inch capped steel rod stamped "Moak Surv. Inc." for the Northeast corner of said tract 2; . THENCE South 00 degrees 23 minutes 00 seconds West 495.00 feet to a 1/2 inch steel rod found for the Southeast corner of said tract; · THENCE North 89 degrees 27 minutes 00 seconds West 575.00 feet to a 1/2 inch capped steel rod stamped "Moak Surv. Inc." for the Southwest corner of said tract and being in the said East right of way line of Precinct Line Road to the place of beginning and containing 6.5340 Acres of land, more or less. EXHIBIT B ORDINANCE NO. 0 - 93 - 917 . -......---..-. -~- ._-. .. --..----.--,...-- 1\ I I I I I i I I Page 4 of 6 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 ~/)-a. day of JlA.-ly , 1993. The second reading and public hearing being conducted on the /7tt day of AuGlLST , 1993. The third reading and public hearing being conducted on the 31 g day of liu ~U-.rr , 1993. TABLED BY CITY COUNC/IL AUGUST 31, 199 ATTEST: WITHDRAWN BY APPLICANT Jean Harris, CMC City Secr tary Richard Mayor FORM AND LEGALITY: Ross City . ....--.-..-.--....--------r------.-..-.---.--.-.~..---.---- Ordinance 0-93-917 Page 5 of 6 I Ordinance 0-93-917 Attachment 1 CONDITIONS OF SITE DEVELOPMENT I 1. Development of this site is not required to conform to the site plan submitted with the May 1993 request for rezoning. However, approval of a final site plan by the Planning and Zoning Commission and the City Council shall be required prior to issuance of a Building Permit. Notice to surrounding property owners shall be required in order to amend any of the conditions listed herein, but such notice shall not be required for subsequent consideration and action by the Commission or City Council on the final site plan, provided the site plans are submitted in accordance with these conditions. 2. Building heights shall be no greater than the lesser of: (A. ) 3 (three) feet above the elevation of the nearest abutting residential property line for every 4 (four) feet of setback from such property line, or (B.) The maximum height allowed by other ordinances. 3. All roofs within 100 feet of abutting residential properties shall be designed with a pitch of 3 to 12 or greater, and all roof mounted mechanical equipment shall be screened from view. 4. The final site plan submittal shall include a plan by the developer's engineer for extending water mains to and within the site in accordance with the City Master Plan. Water system extensions to and within this site shall provide adequate water flow and pressure to meet building and fire code requirements. 5. Septic tank use shall not be permitted on this site. The developer shall provide for the extension of City sewer mains to and within the site in accordance with the City Master Plan. 6. All required landscaping, all building setbacks, and all required parking, shall be designed in accordance with the future rights-of-way for Precinct Line Road, 60 feet from center line, and for L.D. Lockett, 40 feet from center line. 17. I Drainage from the site shall be detained to prevent any increase in the elevation of storm water within the adjacent 100 year flood plain. _nT 1 Ordinance 0-93-917 Page 6 of 6 8. Allowable uses shall be those listed in Section 21.4.b.1 of the zoning ordinance, as amended and in effect on the date of approval of this PUD-C district. 9. Except as modified above, all applicable provisions of Section 21 of the zoning ordinance shall remain in effect. Sections 21 and 22 of the zoning ordinance are attached to this PUD ordinance as future reference. I jh/ord/o93917 07/14/93 I I