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HomeMy WebLinkAboutOrdinances (O-00-1255)-11/21/2000 ORDINANCE 0-00-1255 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 6.335 ACRES INCLUDING 5.419 ACRES OF TRACT 1J AND 0.919 ACRES TRACT 1H, BOTH OF ABSTRACT 1154 OF THE R.H. McEWING SURVEY, FROM THE R40 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by Doug Henderson representing Kipp Whitman under Case No. Z-00-070; 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 public hearing and made 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 attached Zoning Map, Exhibit "A", and described by metes and bounds, as contained on the attached Exhibit "B," by changing the zoning of said property from the R40 (Single Family Residential) district to the PUD-C (Planned Unit Development- Commercial) district, and including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT this PUD-C shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for the development of retail, office and service type uses. Ordinance 0-00-1255 Page 2 of 4 b. This property shall be subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. c. Parking associated with each use may be constructed on any lot in the subdivision, provided that all of the provisions of Section 3.29.B - "Off-Street Parking Requirements" of the Colleyville Land Development Code are met. 2. SITE PLAN AND PLATTING a. 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 preliminary plat and final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. b. The subdivision plat shall be generally consistent with the Site Plan attached as Exhibit "C", which shall be considered conceptual only. The actual street and lot arrangement may differ from that shown on Exhibit "C", to accommodate topographic, drainage or other conditions. In approving the preliminary and final plat, the approving body shall exercise complete discretion over roadway design, lot size, lot shape, building lines, set-back lines, open space, and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of this ordinance, c. At final platting, a joint access easement of 30 feet wide shall be provided to connect all lots to a public right-of-way. An agreement permitting vehicle access across all lots shall be noted on the Final Plat. d. There shall be a landscaped buffer strip a minimum of 40 feet in width along Precinct Line Road and a minimum of 20 feet in width along LaVaca Trail. The only paved areas permitted within the landscaped buffer strip shall be sidewalks and access drives. e. Building line setbacks shall be 40 feet along Precinct Line Road and 20 feet along LaVaca Trail. Side and rear building setbacks shall be 20 feet from all other perimeter lot lines. Sec. 3. Sec. 4. Ordinance 0-00-1255 Page 3 of 4 f. A maximum of two (2) access drives will be permitted along the Precinct Line Road frontage. Spacing between such drives will be a minimum of 150 feet, centerline to centerline. No drive entrance shall be closer than 150 feet to the south line of LaVaca Trail. 3. PERMITTED USES a. All commercial and office uses allowed in the CC1-Village Retail and CC2-Shopping Center zoning districts shall be permitted in this PUD-C. 4. OPEN SPACE, LANDSCAPING & SCREENING a. A six foot (6') photinia hedge shall be required along the southern property line of Lots 3 and 8 and along the western line of Lot 8 as indicated on the attached Exhibit "C". This hedge must be in place prior to the issuance of a building permit for each respective lot. b. Each lot shall be landscaped in accordance with the landscaping standards contained in the Colleyville Land Development Code. 5. DESIGN SCORES AND SITE PLAN ApPROVALS a. All buildings shall meet a minimum building design score of 35 points, in accordance with Chapter 6 of the Land Development Code. b. Before a building permit may be issued, the Site Plan Application including all building elevation drawings, must be approved by the Development Review Committee (DRC) and the City Council. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville 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 City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. Ordinance 0-00-1255 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the t?'1i- day of ?~~, 2000. v The second reading and public hearing being conducted on the ~/ s.t: day of r~ 2000, A~~ Cynthia Singleton City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Reconsidered and amended as follows on the~ Y.i- day Of~, 2001. 1. THAT Section 5.a., Design Scores and Site Plan Approvals, shall be amended in its entirety to read as follows: a, All buildings shall meet a minimum building design score of 30 points, in accordance with Chapter 6 of the Land Development Code. 2. THAT Section 5.b., Design Scores and Site Plan Approvals, shall be deleted. 3, THAT, a special use permit for alcoholic beverage sales for on- premise consumption as an accessory use to a restaurant shall be permitted, Ordinance 0-00-1255 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 8'1[.,. day of ~bif 2000. The second reading and public hearing being conducted on the c:ll s~ day of 17F1J1.-?7A.2000. Tabled by Council November 21 and December 5, 2000. 6 Approved by Council December 19, 2000. ATTEST: 0>t~ef-tku Cynthia Singleton City Secretary CITY OF COLLEYVILLE: DO;;:~ ~ Mayor .- U! .. CCJ .- '--' " ( , -- .... .... .... .... . .""'\ .- ... ...... .... . ( \ -. \ . ..-. 11 . \ u '-.J . \._) R40 - ... tllll L JlD'sVB ~ " ... ., uo, .. ...' "" III" ,,- \.~ ~ ~ · ~G 1l'''sUtI~ tl,1 :._A._ __ , .... .- '~1I .J..~ .. . ... ..... .... te, ., -.. lIi~ I ... I I.". ,- \. ~ptl " 'I!,fI!. '.~II . ,.. 61. .,. ..a IC I ~;; ~ 11'5013 -- .. . ." ~ .... .. ~ ....... ..:...... ,....-) 1 ... .. ... . ... '-' 4>1.. ... .. .... . ... ,.. .. n.,...-r ---...--..... - - - ,,;:... --.......-:"'''' ...-- ... .... .... .... ... ... LOCATION MAP - EXHIBIT 'A' DESCRIPTION OF PROPOSED LA VACA TRAIL, BLOCK 2 A pm of the R.H. McE\MNG SURVEY, Ab8tracl No. 1154, SItuated In the CltyofCOlleyvle Tarrant County, Texas; and embnIcIng an of the 5-.t1811oooacres Tl'ICtdelcrtbeclln tI1edeedto~ TI1IO. LLP recorded In volume 13952, page 52 pfthe Deed Reconts ofTanant County, Texaslnd all of the 0-917/1000 of an acre tract described In the deed to Laveca Trail, UP reconfec:I in volume 14221, page 73 of the said Deed Records and desCftbed by metes ....d bounds as follows. Beginning at 8 %.Iron found for the northeast corner of the said 5-41811000 8CI8lI Tract and the northwest comer of Lot 5 Block 1 LAVACA TRAIL ADOmON. an addition to... Cly ofCol8yville as said Lot 5...rs upon the plat ther8ofrecorded in voIwne ~114, page 100 Of the I8Id Deed Records and In the south right-of-way of L8vaca Trail (a ea public righHlIw8y). Thence south 1 degrees-5O minutes-eat, along the eat line of said 5-41811000 8CnIS Tract and the west line of said Lot 5, a distance of 619-021100 feel to a ,. pipe found for the southeMt comer of uId 5-41811000 acres Tract In the west line of laid Lot 5 and the northeast comer of the 7-25111000 ac:nt.. Tract deIcrtbed In the deed to WII8m D. Souder InveItmenIa recorded In volume 8081, pIge 1452 of the said Deed ReconIa. Thence north 81 degrea..11 mlnut...50HCOIIda W....1lIon1l the IOUIh line ofaeld 5-41111000 8CntS TI1ICI8ncI the north .... of said 7-251/1000 acres Trac:t, 232-781100 feet to 8 %.Iran tbund torthe moet aoutherIy 1OUIhw... corner of said 5-41811000 acres TI1ICt end the aoutheutc:omerofthe 1-17/100 acres Tract deIclIbed In the deed to W1118m o. Souder recorded In vdume 12886, PIIQe 795 of the said Deed ReconIa. Thence north no clegreD-27 m~09111COnd1 eat. along the west line of Slid 5-41811000 8a'8S Tract end the NIt nne ofl8ld 1-17/100 IICreS Tract 184-121100 feet to8112" iron found for the SOUtheut comer HId 0.917/1000 acnII tr8cl Thence north 88 degrees..fJ8 mlnulu-22 HCOfIda wilt. along the cammon line of IIId 0.81711000 acrea trect and MId 1-17/100 acres tnIct, 313-091100 feet to the southwelt comer of IIId 0.917/1000 &era tract In the .... line of a 0-111/1000 of an acre tI1Ict cI8IcrIbed In the deed to the stMe ofTuas recorded In volume 12045. page 1892 of the said Deed Recarda. Thence north no degree. 31 mlnulea-09 aeconcIl eeat. along the common line of'" 0-01711000 acrea Inlc:t end uId 0-111/1000 of an acre tracl127-o911oo feet to . 5185" iron recorded tor the northwest comer of I8id 0.917/1000 of .. acre net, the northeast comer of said 0.1110100 acres tr8cI and the lOUItIWest comer Of laid 5-41811000 ICreI tnlct and the eouu.st comer of 8 0.291/1000 of an acre tract dNcrIbed In the deed to the stale of T8lUII recorded In vokme 12018, page 1036 of the said Deed ReconiI. Thence In the HIt right-of-way of Ptectnct line Road (a v.i8bIe widlh pubic ~IIY). Thence north no degreea-31 minutes-09 seconds..... along the common line ofSllld 5-41811000 acres tracI and HId 0-291/1000 of en acre Tract, 281.991100 feel to . concrele r1gtt-oJ.way monument found. Thence north 32 degreea-38 mlnutes-41 IICOI'Ida eut, along the euterty rIghl-oJway 01 said Prec:inc:t LIne Road, 47-031'100 feet to. concreIe ~-oF-w1y manuma found a the northerly northwest comer of said 5-41811000 acres tnId In the IOUIh right-of-way of I8Id UMIc:a Trat ~ south 89 degree.10 mlnutes-10 HCondI east, along the north line of said 5-418/1000 8Cr8I Tract Ind the south right-of-way of said L.avace Trail, 495-81/100 feet to the piece of beginning encI containing 6-33511000 acres.. The beals for bearing. Is the east line of S8/d 5-41811000 acres Tract per deed call. LEGAL DESCRIPTION - EXHIBIT IB' ..I)i) Ijl I-II I. I I I" . I r' h !lliU, J:ib Iliilt~ IlilII llll 1111)1 01 ill ~ 'I ! 11-'. In jl 11'1 I- I! III, t I. Il' Ii IIdU I_i! bil lilt 'I IdJ diU 1,1 'II Ii t ~ ~IJII -gf- 1:.11 ftl" Ii ,III '1'11 - 9 I! j' I lilS,. l'li 'ir- II;! II 1III illll I I' Iii II I ~1~f"I.!1 'J'III Ijll. Ili-I!1 III Jlii JilliJ '( I-,! Iii in! j II !' ill i.!. Iii i-z Jt'l 15'111 i I~' I. _.s_! :_ I ;1 J I J I' II 11- I: I I I' 1 I iJII. 1;II;Ji i!111 llf': ill 1 i;I'1 il11lii ! ill 1 i)!,1 iel, j !'z!t I '1111 '.11i', '11 '1 III J'. I .., ....J l; I~~ I I ~ >- a ~ ~ w ~.~ ~ ! ~ ~ J~I~f il!~li~ o C).e~ ij ~liJ) 5:5:;...oc ~ ! ~r illllll ~ ~ dlIU! 00 '1' I rl: ........._._ ....... d:............... .1........................ .; ,. ,. . .." .f . ..".. : j , ~ I , .J~~I... ,::.J j J I 00 I ~ c! ~ fiI l · -. ii It I O! f ZONING PROPOSAL - LOT LAYOUT. EXHIBIT IC'