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Home My WebLink AboutOrdinances (O-00-1211)-04/04/2000 ORDINANCE 0-00-1211 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF cOLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 8.789 ACRES OUT OF THE A.J. LOTT SURVEY, A-963, TRACTS 2M AND 2N, AND LOT 1, BLOCK 1, HAYNIE ADDITION, FROM THE AG (AGRICULTURE), CC1 (VILLAGE RETAIL) AND ML (LIGHT MANUFACTURING) DISTRICTS 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 Lanny Wilkinson on January 28,2000, under Case No. Z-00-012; 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 AG (Agriculture), CC1 (Village Retail) and ML (Light Manufacturing) districts to the PUD-C (Planned Unit Development-Commercial) district together with all site plans which are conceptual in nature, supporting documents, Ordinance 0-00-1211 Page 2 of 5 and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. GENERAL The purpose of this PUD-C is for the development of retail and services type uses. 2. PERMITTED USES a. All commercial and office uses allowed in the CC 1 Village Retail zoning district b. One automobile service use located on the north 150 feet of the property c. One day care center d. One dry cleaner not exceeding 5,000 s.f. in gross floor area 3. SETBACKS, OPEN SPACE & SCREENING a. A rear building line of 50 feet shall be provided along this property's western common property line with the Kingston Addition. b. Open space and lot coverage shall be in accordance with the CC1 district regulations. A minimum of twenty-five percent (25%) open space shall be provided on each lot. A minimum of thirty percent (30%) open space shall be provided for the entire development. c. The property shall be landscaped in accordance with the landscaping standards contained in the Zoning Ordinance at the time a building permit is requested. 4. TREE PRESERVATION a. A minimum of 1,500 caliper-inches of existing trees shall be preserved in-place on the property. Tree preservation shall be in general accordance with the Tree Preservation Plan attached as Exhibit D. b. Compliance with these tree preservation provisions shall be reviewed upon the submittal of a site plan. Ordinance 0-00-1211 Page 3 of 5 c. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. An exemption shall not be granted for trees located under a building pad site. 5. ROADWAYS AND DRIVE ApPROACHES a. A continuous left turn lane shall be constructed on Colleyville Boulevard along the entire frontage of the property. The turn lane shall be completed and accepted by the Texas Department of Transportation prior to the issuance of a certificate of occupancy for any structure within this PUD-C. b. Three (3) drive approaches shall be allowed on Colleyville Boulevard to provide access to the property. The drive approaches shall be spaced a minimum of one hundred fifty feet (150') apart, centerline to centerline. The driveway throat width shall not exceed thirty-five feet (35'). Deceleration lanes shall be provided. 6. OTHER a. All buildings shall be designed to meet the minimum architectural design standards of the CC1 - Village Retail district, as contained in Section 24.17 of the Zoning Ordinance. b. The dry cleaner plant with pickup station shall be restricted to the most southeast lot in the development. c. The building elevations for the day care center shall be generally consistent with the building elevation attached as Exhibit E. d. The site plan for any structure located on proposed Lot 4 on the preliminary plat shall be approved by the City Council. The site plan shall be approved prior to the issuance of a building permit for any structure on proposed Lot 4. e. For all buildings constructed on the most northeast lot between the creek and Colleyville Boulevard, one hundred percent (100%) of the exterior wall surfaces shall be constructed of brick or natural stone. The requirement shall apply to all wall surfaces, less the area of window and door openings. The requirement shall not apply to decorative trim or roof trim areas. f. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not Ordinance 0-00-1211 Page 4 of 5 face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (150) of perpendicular to the right-of-way line of Colleyville Boulevard. g. Not more than three (3) vehicles shall be parked overnight at an automobile service use. h. A wrought-iron fence shall be installed along the north property line on the most northeast lot between the creek and Colleyville Boulevard. Red tip Photinia shrubs shall be planted on six- (6) foot centers adjacent to the wrought-iron fence. The size of plant materials shall comply with the requirements of the landscaping regulations. I. The servicing of vehicles outside of a building shall be prohibited. J. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. k. The improvement and landscaping of the creek area and its realignment shall be completed and accepted by the City prior to the issuance of a certificate of occupancy for any structure on the property. Sec. 2. THAT 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 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 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. 1\Je firsl reading and public hearing being conducted on the 21 ~! day of Mare"'- , 2000. TJle se<;ond reading and public hearing being conducted on the -!l:.1J day of H,py I 1 , 2000. ATTEST~ ;J~ Je~rriS' TRMC, CMC City Secretary TO FORM AND LEGALITY: Ordinance 0-00-1211 Page 5 of 5 CITY OF COLLEYVILLE: De:~ ~ Mayor II " 11 ,. .1 III . . 7 7 " Exhibit A - Zoning Map Property Description Being a tract of land out of the H. Hughes Survey, Abstract No: 963, Tarrant County, Texas and being the same tract of land as described in deed recorded in Volume 7935, Page 1697, Deed Records, Tarrant County, Texas and in Volume 9031, Page 1352, Deed Records, Tarrant County, Texas and being Lot 1, Block 1 of Haynie Addition as described in deed recorded in Volume 388-164, Page 100, Deed Records, Tarrant County, Texas and being described as follows Beginning at an ~- inch iron pin found in the West right of way line of Colleyville Road (SH 26) for the Southeast corner of tract being described, said point being the Northeast corner of the Conner Lam tract, a 3.18 acre tract of land as described in deed recorded in Volume 7225, Page 1257, Deed Records, Tarrant County, Texas; Thence South 86 degrees 28 minutes 47 seconds West 410.19 feet along North property line of said Conner Lam tract to a 5/8 inch iron pin set for corner; Thence North 00 degrees 04 minutes 14 seconds East 474.87 feet along West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence North 00 degrees 59 minutes 09 seconds East 176.67 feet along the West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a ~ -inch iron pin found for corner; Thence North 87 degrees 41 minutes 35 seconds East 775.11 feet along South boundary of the James David Bowden tract as described in deed recorded in Volume 11970, Page 1677, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence South 29 degrees 16 minutes 50 seconds West 753.85 feet to % inch iron pin set and continuing to the point of beginning and containing 382867.790 square feet or 8.789 acres or land, more or less. Exhibit B - Metes and Bounds Description JI~. -. .. I 1 I ~ ~ i::;: ~ -- ::) ~ 0.- Q:U '--l W I I W...J '<;;( ~ a::: u >-...~ en U .. !l:' ... ...JU'l X I W bJ~ii ~~1ii ~ x 0 .:g U<.I(1). & cQ!~ ~<..) W a ~ ~ '" 0 6il1t3Ji ~2 ",...... I L'-'....... ::::>"=0-' '", Q:< '-' u......<( IX). 0-10 r.. ~ ~ Cl. :i l~o '-J Z '-' ---l 0 U ~ ~ 0 z ~ Q N Z ~ 0 ~ N I a ~ - '. ~! 1I .. -J -J ~~ i ~ 7W~"ILI .lIO,IQ.DO H . .~-- -~_:_ ~::""""-_".L..m...L-_ oW ~....'2....1-__. _ Exhibit C - Zoning Exhibit -~ I ~I ~ J ~I II) ... hJ~d ~.. IU <.sill CIl)I=U . ~ ~ ::: ~.~ I ~ II ~ U.. It L..j . I'~ E ~ii III 11~1 leJ ~ tj "II :t; I~ e: 'mI'. I ! I Iii I d 4 ~ G d . 4. ItJ I~I . I I .. I- .J I . \ld , ~ .. , ...s..-.::- . . .- i i . - - , \ - , Exhibit D - Tree Preservation Plan :~ ~ Exhibit E - Day Care Center Conceptual Elevation