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
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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)
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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
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-d_do ¢ RD Two Family Residential
Property : RE Single Family'Estate'Residential
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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
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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
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Planner: SAGE GROUP,INC.
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(,) (i) :1 1) ','.1C ti,arnij,qt ■:., DC
18 DEC 13
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