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HomeMy WebLinkAboutOrdinances (O-00-1225)-07/18/2000 ORDINANCE 0-00-1225 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 for Kipp Whitman on May 30, 2000, under Case No. Z-00-037; 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 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 the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and WHEREAS, 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. 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 (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 R40 (Single Family Residential ) district to the PUD-C (Planned Unit Development- Commercial) district together with all site plans which are conceptual in nature, supporting documents, and any conditions and restrictions imposed and approved by the Council which are incorporated herein Ordinance 0-00-1225 Page 2 of 4 by reference including, but not limited to the conceptual site plan (Exhibit C); and 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. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. c. The total building area per lot may be greater or less than indicated on the conceptual site plan, but there will be a maximum of 70,000 square feet permitted for the entire development. d. Parking spaces constructed within the entire development will be open for use by all visitors. The overall ratio of parking spaces to enclosed building floor area shall not be less than one (1) space to 275 square feet of floor area. 2. PERMITTED USES a. All commercial and office uses allowed in the CC1 Village Retail and CC2 Shopping Center zoning districts will be permitted. b. Gasoline sales will be permitted in conjunction with a convenience store only on Lot 3 of the "Zoning Exhibit" and shall include a canopy that is not flat and is constructed of brick, stone or stucco to match the building. c. Alcoholic beverage sales for off-premise consumption in conjunction with a convenience store shall be permitted only on Lot 3 of the "Zoning Exhibit". d. Alcoholic beverage sales for on-premise consumption as an accessory use to a restaurant shall be permitted only on Lots 1 and 2 of the "Zoning Exhibit". Sec. 2. Ordinance 0-00-1225 Page 3 of 4 3. OPEN SPACE, LANDSCAPING & SCREENING a. A photinia hedge along the southern property line and approval of a 20-foot building line with the proposed screening in lieu of the landscape buffer requirement. b. At no time shall the total square footage of open space for the site fall below 25 percent of the square footage for each lot, nor 30 percent of the total square footage of the entire site. c. Each tract shall be landscaped in accordance with the landscaping standards contained in the Colleyville Land Development Code at the time a building permit is req uested. 4. ACCESS EASEMENTS AND SETBACKS a. At final platting, a joint access easement will be provided for Lots 5 - 8 in lieu of providing frontage on a public street. b. At final platting, a 20-foot building setback line will be provided along all tracts fronting Lavaca Trail. c. There shall be a building and parking setback of not less than 40 feet along the frontage of Precinct Line Road. d. 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. 5. OTHER a. All buildings shall be designed to meet a minimum architectural design score of 35 points, as contained in Chapter 6 of the Land Development Code. b. A drainage study will be submitted with the final plat application. 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. Sec. 3 Ordinance 0-00-1225 Page 4 of 4 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the s-+h 2000. and public hearing being conducted on the Sent back to Planning & Zoning August 15, 2000 Resubmitted to Council November 8, 2000 Ordinance 0-00-1255 day of JJr, 161b day of ATTEST: / Jean Harris, CMC City Secretary CITY OF COLLEYVILLE: / Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney "1."'2 cc," ,. '. lI;Mi- .- ... ~ . f \ l...j ':,,,'" .'.-.-1. ;r..-'l.... ----. ..~. i. I .1 -.. 1 ~~... I ~ I --.......~~""' . .-..... i___" ..1_ ... . . '" "I11III ,..... ~. .. IS _\\~~.~ , .In''''~ pJI.~ .---- ~r--~- j ~ \" \ \, 1'~~fo;l J4t,s08 @@ t - al uFjJ.~ , I~- I '" I. I !Ln.- ~~ './," ...... c.J ..... , \.)t ,1iC ". - - --,~ - -"r"",.i 'l v~t!A~f"-~} Exhibit A Ordinance 0-00-1225 . , ( r -- .:'i,l" " ( \ '"-) .,.. tJlallf R40 .. !b& IJ!!t t~ ~ ", ~ -:~ '1111: ,\,t.w JJ~ IfJf~ 6~ $-fi) - , I 1 Ulll\~ '~1 · Zltfl ~-...... -- - ---- _.- ~ '" "' l.... )C !!>lIll 1.4... t "'1. +.IIIC: . .:;.,,=,LoU.I~"i ...........""..., 1'1,." +...II. It .. l.);J _1i.Ao). I U"'. ....M: ... ..,......-.. - ~ -.......r.r-;" ,~~. 1-\--'"1- . ~ .. . 1\1~" ".. I ~Jr. ."'~ I; DESCRIPTION OF PROPOSED LA V ACA TRAIL, BLOCK 2 A part of the R.H. McE\MNG SURVEY, Abstract No.1154, situated in the City of Colleyville Tarrant County, Texas; and embracing all of the 5-418/1000 acres Tract described in the deed to Lavaca Trail, LLP recorded in volume 13952, page 52 ofthe Deed Records of Tarrant County, Texas and all of the 0-917/1000 of an acre tract described in the deed to Lavaca Trail, LLP recorded in volume 14221, page 73 of the said Deed Records and described by metes and bounds as follows. Beginning at a Ih" iron found for the northeast comer of the said 5-418/1000 acres Tract and the northwest comer of Lot 5 Block I LA V ACA TRAIL ADDITION, an addition to the City ofColleyville as said Lot 5 appears upon the plat thereof recorded in volume 388-114, page 100 of the said Deed Records and in the south right-of-way of Lavaca Trail (a 60' public right-of-way). Thence south I degrees-50 minutes-east, along the east line of said 5-418/1000 acres Tract and the west line of said Lot 5, a distance of 619-02/1 00 feet to a 1" pipe found for the southeast corner of said 5-418/1 000 acres Tract in the west line of said Lot 5 and the northeast comer ofthe 7-251/1000 acres Tract described in the deed to W\liam D. Souder Investments recorded in volume 8061, page 1452 of the said Deed Records. Thence north 88 degrees-II minutes-50 seconds west, along the south line of said 5-418/1000 acres Tract and the north line of said 7-251/1000 acres Tract, 232- 78/1 00 feet to a %" iron found for the most southerly southwest comer of said 5-418/1 000 acres Tract and the southeast comer of the 1-17/100 acres Tract described in the deed to W\liam D. Souder recorded in volume 12685, page 795 of the said Deed Records. Thence north no degrees-27 minutes-09 seconds east, along the west line of said 5-418/1 000 acres Tract and the east line of said 1-17/100 acres Tract 164-12/100 feet to a 1/2" iron found for the southeast corner said 0-917/1000 acres tract. Thence north 88 degrees-56 minutes-22 seconds west, along the common line of said 0-917/1000 acres tract and said 1-17/100 acres tract, 313-09/100 feet to the southwest corner of said 0-917/1000 acres tract in the east line ofa 0-111/1000 of an acre tract described in the deed to the State of Texas recorded in volume 12045, page 1892 of the said Deed Records. Thence north no degrees-31 minutes-09 seconds east, along the common line of said 0-917/1 000 acres tract and said 0-111/1000 of an acre tract 127-09/1 00 feet to a 5/85" iron recorded for the northwest corner of said 0-917/1 000 of an acre tract, the northeast corner of said 0-111/0000 acres tract and the southwest corner of said 5-418/1 000 acres tract and the southeast comer of a 0- 291/1000 of an acre tract described in the deed to the State of Texas recorded in volume 12016, page 1036 of the said Deed Records. Thence in the east right-of-way of Precinct Line Road (a variable width public right-of-way). Thence north no degrees-31 minutes-09 seconds east, along the common line of said 5-418/1 000 acres tract and said 0-291/1000 of an acre Tract, 281-99/1 00 feet to a concrete right-of-way monument found. Thence north 32 degrees-36 minutes-41 seconds east, along the easterly right-of-way of said Precinct Line Road, 47-03/100 feet to a concrete right-of-way monument found for the northerly northwest corner of said 5-418/1000 acres tract in the south right- of-way of said Lavaca Trail. Thence south 89 degrees-I 0 minutes-I 0 seconds east, along the north line of said 5-418/1 000 acres Tract and the south right-of- way of said Lavaca Trail, 495-6l!IOO feet to the place of beginning and containing 6-335/1000 acres. i The basis for bearings is the east line of said 5-418/1 POO acres Tract per deed call. Exhibit B Ordinance 0-00-1225 ,; ;.~~! . ~. ~ifi ..... ;r.!~i ~,,} W'" 'i :i~l }\~; H'~ ~: ~~. =~' ii\ ,~ f L i~!" ~m ut~ ~lHI i+5 r U !!'I it :i!{ hit mth m ;1dt t H H!U ~ i'Jj f>:1 J~!,lj ~t ~;~H : i: HI I' i f~ll< !~;, r~,,;J 't~ ~,:,h" !,'fi!~ ~ 1: 1',!l.: ! ili;z I;;;; /:!.l,~ ~H>>IR If; · f;'f: "a ! ..l~ H!J l$~ l!* ~!~~ i~II! ';, ,1 '. t~. ~ IP~l i"'~' th~ J~ fHJ (Jti ! I" I,: q i ~~l~ l,hi ;!i!H Ii! fJ!:.I~li.,: ~ i' III h ~ :~lt I'~'~ '~'. l"r ,'.!: l'!3e t., 'h " · ~-.4 'iii: i:<" l~' Ir~ttj6~ : 1- lH": ; Iii! ilill ~ill \0 W ~lih I ~ iq Ui I iltct,' ~i,.~!1 ~t~..: ~b, _,hi .tr,~,l.. ~ n ~,,;,)!.f ! ii"" ,..:," "p' t"ll '~., }ht'.~' ..', ~.~ .'S · ~;l1 ;~~t! ~;!~; \!i~!il iltilfi ~ ~~1 t!~. :;i ~ "h ,f!! l...~n ~!J ~~h H~~~! i ~~I' ~~', DE; ~ _ ...;. - . {.- l',"'! :- : ~i5 ~ UHoo l? '::il';i'> <:) ~ :~~. 'foi " ~i l! ~.81 a. ... 01 ... It' ...-.-.......,do t-....... ......-..' .-.... -- ~:>";:-...... ..,~ -"-.'-". ; g t .~ i I ~ ;:r' * JI lL i i · '- 1 ~ ~WII (NO!f ;mn .l::mlOiil:-:io .. ~ -lis ./il k · i: I~ 0' ! I! 1 .~ ~ t: ; r:.....I'';., ...J ''t.L::1J :t i ;.; '" <( CJ <:( > <( ....J ffi .... ::J (,) _ 0 . In lJJ C ~" 1l::J (i) lJJ 0. ...GO e>.E ~ ; Z r. ~ 0 o! N G E 2'0 z~ o N ~q~ . ! 9 ~~ ~ ~ i.~~ ~ ~ ~~I i~I~~ ~'lI0~,," ,,!i!,. > ~!!t ~1il~g~;;j~7 .1'lj ~~~ 6 ,llln \<'!, '~ It~~~ ~,~ ,~~ - 9 i~ ~ ,). ,- ~'1il !~Q !3 08~q 11 tl ...s N !I'~t5 h ~l!.l! ft3 ~l~l::,~ ~;;~ tre ~ .I!,V!;'\s f-'Ua! Exhibit C Ordinance 0-00-1225