Loading...
HomeMy WebLinkAboutOrdinances (O-13-1899)-12/17/2013 ORDINANCE 0-13-1899 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 AND ORDINANCE 0-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY j CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case 2-07- 008; and WHEREAS, the City Council approved Ordinance 0-13-1866 on March 5, 2013, amending Ordinance 0-07-1645 conditions and approving a detailed site plan for phase one of the development under case ZC12-031; and WHEREAS, the applicant has requested an amendment to Ordinance 0-07- 1645 and Ordinance 0-13-1866 and requests to rezone 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue, acquired from the City of Euless in a boundary adjustment approved under Ordinance 0-12-1828, so as to incorporate the property into the PUD authorized by Ordinance 0-07-1645 under Case 2-07- 008 and approve a detailed site plan for phase two of the development; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be Ordinance 0-13-1899 Page 2 of 6 enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance 0-07-1645 and Ordinance 0-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance 0-13-1899 Page 3 of 6 changing the zoning of 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue from the AG-Agricultural District to the PUD-R- Planned Unit Development Residential District, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "C" shall be deemed to satisfy the site plan requirements of Ordinance 0-07-1645 Section 4(2)a and Ordinance 0-13-1866 Section 5(1)b. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase two final plat shall be consistent with Exhibit "C". 2. GENERAL AMENDMENTS a. Section 5(2)e of Ordinance 0-13-1866 is hereby deleted. b. The developer may enter into a City/Developer Agreement with the City of Colleyville for any required public improvements, in conjunction with this development. Said agreement, if submitted, shall be approved and executed prior to the filing of the final plat for phase two of the development. c. Prior to the issuance of a building permit for the 1.9 acre commercial tract shown at the southwest corner of the development on Exhibit C, the developer shall submit a detailed site plan which shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with Ordinance 0-07-1645 and any subsequent amendments, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) Ordinance 0-13-1899 Page4of6 shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. d. Section 4(7)b of Ordinance 0-07-1645 is hereby amended to read as follows: A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan and shall, otherwise, meet the requirements of the Land Development Code. e. Except as noted in subsection "d" above and Section 4(7)a and "c" in Ordinance 0-07-1645, all fences shall be constructed per Exhibit D. f. Section 5(2)c of Ordinance 0-13-1866 is hereby amended to read as follows: The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan with the following exceptions: The developer may escrow the cost of constructing the trail in lieu of actual construction only for the portion of the trail that traverses the Little Bear Creek floodplain. If the developer chooses to escrow said funds, the developer shall build a minimum four (4) foot wide sidewalk across Little Bear Creek that links the internal sidewalks in the portion of the development that is south of Little Bear Creek to the internal sidewalks in the portion of the development that is north of Little Bear Creek. Said sidewalk connection shall link to Trail 24 on both sides of Little Bear Creek within a public pedestrian access easement, which shall be dedicated on the final plat(s) for the development. Sec. 6. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Ordinance 0-13-1899 Page 5 of 6 Sec. 7. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 8. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 9. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 11. THAT Ordinance 0-07-1645 and Ordinance 0-13-1866 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROVEQ by the City Council of the City of Colleyville, Texas, on this the I I---'' day of OCC16 1per- 2013. • Ordinance 0-13-1899 Page 6 of 6 ATT ST: CITY OF COLLEYVILLE 14 Am helle T I C David Kell Y� Y City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: In Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 1 i I; C .1,040 im . _,,.. ,Rite:gatM ,,,,, _ _ _, __ _ i x • rid -; i +es _,. EE` City of Euless Y iI-♦ - Q�4 _ ®� Legend c.u..w . � C7 :Ili - W subject Igg -Lola - _ AG Agricultural r--eff -1 - 11',- I - CC-1 Village Retail tail ' - ' 20 CC-2 Shopping Center nter . L;.. : Mesa / CC-3 Highway Commercial : , CN Neighborhood Commercial CPO Professional Office ~ ML Light Manufacturing _ �=�� •,,+;; , PUD-C Planned Unit Development,Commercial ■■� ® PUD-R Planned Unit Development,Residential 4!� R-10 Single Family Residential(10.000 sq.ft.min) III Ile C 1 R-15 Single Family Residential(15,000 sq.ft.min) r C I R-20 Single Family Residential(20.000 sq.ft.min) ."'C - R-30 Single Family Residential(30,000 sq.ft.min) min'" - * ® R-40 Single Family Residential(40.000 sq.ft min) tsta � Q �p R-MF Multi-Family Residential '. 'KEP Subject 1 -d_do ¢ RD Two Family Residential Property : RE Single Family'Estate'Residential ! (7, '� N City of Bedford i Exhibit "B" - Legal Description of Property Zoned from AG-Agricultural to PUD-R-Planned Unit Development Residential Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract described in the deed to Sparger Family limited Partnership as recorded in Volume 16472, Page 390 of Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rod found for the southwest corner of said Sparger tract bears North 69°11'27" West at 207.68 feet; THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left; THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of Heritage Avenue, continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42°29'27" East at 1162.08 feet to a 5/8 inch iron rod found for the end of said curve, same being the merging of the east right-of- way line of Woodpark Lane; THENCE South 01°02'49" East with said east right-of-way line of Woodpark Lane, 750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records; THENCE South 89°57'50" East with the south line of said Hoel tract, approximately 38.00 feet to the northwest corner of the tract described to Cheek-Sparger Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records; THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right; THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South 71°31'54" East at 231.54 feet; THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of Bedford and south City Limit line of the City of Colleyville; THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the place of beginning and containing 4.438 acres of land, more or less. Exhibit"C" Detailed Site Plan- Page 1 WW c..) .roms Q x tiun.5 '- NJ fY ,F, a a 5 8 7.4 c7.R C hi.c `cs c rississa t LI- •E IL'i ° 000s tIr r■J ,_-, ..„„loor ' ' •\. ' -+.i. ,I. lit ,..t1 ..1, I 1 ; ,. 4 tt .,.p. , I ill 1:;. ,.11 I.* 7 ' X N.. ..,.,.1;.; •rp, it•11§1:!:\tiPii `f. ,,4,'"'''' l'e.FE- cg'22.E (104 !.--1- , '■,,,,s,•0 , ft$ i 1 / I a .n Ez, t..,:, .' lb Ari i ?45 s -g. .3.1.1 ---2 § t gg- 'AI* -?§H ni t,',1 g.; izi I ll'q f,,Ilz e) .3, h e -t`iggps . 1. ,I.,,,,fn 6,, =1:'.6'' Cka 0 .71') / i ,... CU 0 cN1 g (i), -,---y, , n:11 11,1 ,,, t .--, , , ...0 , , , I ,,,i;„, ta... \\\ ,?---,..,:'' 1..., 1 :,,,,,:e .'L"' ;''''' f ' [ ' 1..,..,.,, 4 ")"..' , v g ' ii' / i ' '-- . ''''-'''''--•' -1,'Yf. 128 8 p. -pit' .,(4'*-; , -,•V I 1 oll 8 8'. - I1 , 11 , x „ -- .1,_. .., „• ,,, _ - II 1 it ill pi Idlio,,2 X ' ,- / 1,• .!-,--;!5 ' 1 . •,,. i0i ..' to tr,i,4 11..i;1,, E gill <— N. / /- NN 4""..is ■ ,I1 Page 2 6 t 4e', ' 5 .F—( Exhibit..C" Detailed S:te Plan:4-1 i! NNi 1.4Nj*'1'..,,Iti 'ris."'Clid. -"-- 8:'S1 osu f.' 2,.!,,-'11 .!4 -‘1,f.. r•4 ce 0,-. 01 1,.,„,,i ,,''-, t !ig4 tt..-i'1,7,fT. '0E t:2 .cg- 1.,■1 t g-?-' - ,-,: i,,A N 0 ,oilik'S ...V ^.: . .Il' ill r gf.ii,,,!;',',4,i..,,t'-fii-,i2 ,,.. E,.. '1 ".,..':t....ii-t',4.'"'- .,.., : ,A.,5e'l 'z., :i Hi! 51 :tilt -gl , , 41 - .,,gr E , 5; 4!''' At 11E11 „ .,11 ' 7.-°, ., -. .,if i .g.,!ii. l'i 01g2 - c„Ld !...,...7.1 , t •11.10,,, ) (' im. Cipd Cm') , '.. 4.1*',,,e' 1 . 1\ ',!. * ''.------i- , r...0i \-, s,,„,„, , , -7,- \ 1 ■failli°° ,,: ''''''.,''', ' ,-,:: ',' / ,.`'-7 , . ..,,,,,,, ,/,'"::,/, ...,..___.,.. , ,,.... ,0, , 1.1. c ,„ .,1 , 401 -,,, 1 , \s ,,,,,,,,, (0 ., .,,,, ,' ,,,7i-, - -r .. CL c ,,,' '' It: / >, \ , ,,..,,,,, 1 ''.1 1 \t, (13 ,,,)7,7;\:, : \ I. :'t.,-' 1 ' ../ -,, ,N.." '' \;',,‘';'-'' '- 't E, ' 0 / ,'0. ,.,..\\\,,,,,. - i ...„. 0. ,,AN.,, ' T%'.4.411**' " H. N 0,, . _,,., i 13) ..... ,,, ,. ,. r > Q) cl '...: (...1-. 1. .._--- .!---, , ,-•• r-7, ' ' .:. ', (u,-...--:;--4,i', (r)'!...,-.1.__--' ..'' .-------, '.-,-'i (13 t ' ,., 41-'' ,7,... .,c p- , ,.. ..,, ------.,- '' . ' =, -, ii--'-.; ' !,-:',‘,.41" Hi •.. ..,,,': . ,,':.,.. ,1: -4-.--,-.., ,, ,,,,-, _,, ,,,, , ,,,,,,,..„,,,0,---!, i ' .'0,., `--1 „....,, ..,, . .0 . 0,.. .:,:i il ''4 '1 ; - ;-,.7-1 -. ':, -....P „,' k. .1 '' 4-1 ,*-' 1',.:r., ;'1','' 1,1 ' .. ,, ', ,.-,.'.,.''' . ..'.•.•--'-';;".."',,, °' 1 '.. 't''.. \ ›. 't [ 8 ,„... , .11,,t,!! .,;, ',I,;,', ;i , ,........ , j.---741.. .',„.,„ s cs !„.,',--'` , :'-'. t.• ,a,',-, 1 ,,_\,„,". - GER 1 ,■.:<.;''LLI '' -----i'AR /- 'PEI( 5 .,„. . , L. Exhibit 'D' , j...i ...n- i 6 Iron Fence / t Retam Cxisting r'en.ce i or Ne,v (Y Vioco hence I 8' Masonry Wall i , 6' Masonry Wall or 6' , i Iron Fence / / I i I I 1 I , Owner: Harrington harshly 7000 Cherry Kt*Lane North lirthlaed etras,TX 76182 Applicant: Terra/Manna,L L,C. 395 39 State Rehr!IA,Sae 300 Soultiake,TX 76092 Cootact Paul Spam I Planner: SAGE GROUP,INC. I how,,,t 1....6,,, (,) (i) :1 1) ','.1C ti,arnij,qt ■:., DC 18 DEC 13 ..... v\...../2I!/F.....aae.... ......,.. Diagram K(1