HomeMy WebLinkAboutOrdinances (O-00-1204)-02/15/2000
ORDINANCE 0-00-1204
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 43.S91 ACRES OUT OF THE
R.N. MCEWING SURVEY, ABSTRACT 1154, TRACTS 1AS, 1A6, 1A4, 1A2,
1A1, 1A9A1A, 1A9B, 1A9A1, 1A3, 1A5, 1A7, AND 2A; AND LOTS 1 AND 2,
BLOCK B, REED SUBDIVISION FROM THE AG (AGRICULTURE), CN
(NEIGHBORHOOD COMMERCIAL), CC1 (VILLAGE RETAIL) AND CC2
(SHOPPING CENTER) 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 David Cunningham
for Faith Christian School on December 03, 1999, under Case No.
Z-99-088; 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), CN
Ordinance O~OO-1204
Page 2 of 7
(Neighborhood Commercial), CC1 (Village Retail) and CC2
(Shopping Center) to the PUD-C (Planned Unit Development-
Commercial) district together with all site plans which are
conceptual in nature, supporting documents, 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
a. The purpose of this PUD-C is for the development of a privately
operated kindergarten, elementary and high school campus.
b. This PUD-C shall be divided into two general development
areas: Area A and Area B, according to the PUD Development
Areas map (Exhibit D).
c. This property is subject to all the regulations contained in the
Colleyville Zoning Ordinance, Subdivision Regulations, and
other land development ordinances, except where amended by
this ordinance.
d. Buildings and sports fields may be constructed in the general
locations shown on the attached Site Plan - Exhibit C.
However, some modification and adjustment of the locations
due to topography or other site conditions shall be allowed,
provided that the modifications are determined by the city permit
department as insignificant to adjacent property owners.
2. PERMITTED USES
a. The following land uses shall be permitted in Development Area
A:
(1) All commercial and office uses allowed in the CC1 Village
Retail zoning district that demonstrate that more than 50% of
the floor area of the structure for which a building permit is
issued will be utilized by a business generating city sales tax
revenues.
(2) Development Area A shall not be used for school campus
purposes, other than an ingress/egress easement and drive
entrance/exit described in this ordinance.
Ordinance O~OO-1204
Page 3 of 7
b. The following land uses shall be permitted in Development Area
B:
(1) Privately operated kindergarten, elementary and high school
campus.
(2) Auditorium/Fine Arts Center.
(3) Athletic fields, including but not limited to soccer fields,
baseball/softball fields, and football field.
3. LOT REQUIREMENTS AND SETBACKS
a. Minimum Lot Size
For a period of five (5) years from the date of approval of this
ordinance, no lot shall be platted that provides less than two (2)
acres in lot area. Beginning in the sixth (6) year from the date of
approyal of this ordinance, no lot shall be platted that provides
less than one (1) acre in lot area. Beginning in the eleventh (11)
year from the approval of this ordinance, no lot shall be platted
that provides less than twenty thousand (20,000) square feet in
lot area.
b. Minimum Lot Width 150 feet
c. Minimum Lot Depth 125 feet
d. Front Building Line 40 feet
e. Side Building Line 25 feet
f. Rear Building Line 25 feet
g. Side & Rear Building Lines for non-habitable structures shall be
15 feet
4. OPEN SPACE, LANDSCAPING AND SCREENING
a. Within Area A, open space and lot coverage shall be in
accordance with the CC1 district regulations. Within Area 8, a
minimum of fifty percent (50%) open space for the leisure and
recreational use of the school shall be provided. Athletic fields
and storm water detention areas may be included in the
calculation of the open space.
Ordinance O~bO-1204
Page 4 of 7
b. The property shall be landscaped in accordance with the
landscaping standards contained in the Zoning Ordinance at the
time a building permit is requested. A landscape plan shall be
submitted for the entire property with the site plan application for
the first building or building(s). The landscape plan shall show a
phased approach for the installation of the required landscaping
for the overall development period of the project. The
landscaping required by each phase shall be installed prior to
the issuance of a certificate of occupancy for the building being
constructed on the property.
c. Screening between adjacent residentially zoned properties shall
be provided in accordance with the standards contained in the
Zoning Ordinance. The screening shall be installed in three
phases, according to the Screening Phasing Plan (Exhibit E).
Phase I shall be installed with the construction of the first
building; Phase II with the second building, and Phase III with
the third building. The screening shall be installed prior to the
issuance of a certificate of occupancy for the building being
constructed on the property in any given phase. If live plant
material is used to provide the required screening, the size of
the plant material installed shall be of sufficient size to reach a
height of eight feet (8') within two (2) years of planting.
d. The requirement to provide screening between adjacent
properties shall not be required in the event adjacent property is
rezoned to a non-residential district that would not require
screening to be installed.
5. PLATTING
The developer shall submit a preliminary plan and final plat of
the property in accordance with the Colleyville Subdivision
Regulations. A preliminary plan shall be submitted for Area B
not later than twelve (12) months from the date of approval of
this ordinance. The conceptual site plan attached as Exhibit C
to this ordinance shall not constitute the preliminary plan.
6. OTHER
a. The school campus shall provide an entrance from Precinct Line
Road to aid in traffic circulation. The final plat of the property
shall include an ingress/egress easement showing the exact
location of the drive entrance. The easement shall be a
minimum of 60 feet in width.
Ordinance O~OO-1204
Page 5 of 7
b. Six (6) drive approaches shall be allowed on McDonwell School
Road to provide access to parking areas and service entrances.
The drive approaches shall be spaced a minimum of one
hundred feet (100') apart, centerline to centerline. The driveway
throat width shall not exceed thirty-five feet (35').
c. The Master Thoroughfare Plan shall be amended to delete a
portion of the unnamed north/south 4-lane Major Collector
located between McDonwell School Road and L.D. Lockett
Road. The portion of the road between McDonwell School
Road and the southern property line of the subject property shall
be deleted from the Plan. The requirement to construct this
section of the roadway is hereby waived.
d. Area A and Area B may be platted independently and when
either Area A or B is platted, the developer is required to
improve one-half of McDonwell School Road where the roadway
abuts the applicable Area. Said improvements shall be in
accordance with the Colleyville Subdivision Regulations and
Master Thoroughfare Plan, unless an alternative is provided at
the time of platting.
e. Development occurring in Development Area A shall be
required to construct a portion of the hike/bike trail required by
Colleyville Pathways Plan along Precinct Line Road.
f. Outdoor lighting shall comply with the following requirements, as
delineated in the Lighting Restriction Plan (Exhibit F).
(1) Area I: Outdoor lighting of play fields, soccer fields or similar
recreational or athletic areas shall be prohibited.
(2) Area II: Outdoor lighting on the buildings or in the parking
areas shall be directed away from any adjacent residences.
Light standards in the parking areas shall not exceed forty (40)
feet in overall height.
(3) Area III: Outdoor lighting of baseball, softball, football fields
or similar recreational athletic areas may be allowed. Said fields
and recreational athletic areas shall not be illuminated between
the hours of 10:30 p.m. and 7:00 a.m. Light standards in the
parking areas shall not exceed forty (40) feet in oyerall height.
Sec. 2.
Ordinance O~OO-1204
Page 6 of 7
(4) Area IV: Outdoor lighting on the buildings or in the parking
areas shall be directed away from any adjacent residences.
Light standards in the parking areas shall not exceed forty (40)
feet in overall height.
g. All signs constructed on the property shall comply with the
provisions of the Colleyville Sign Regulations.
h. Site plan review and approval shall be required for all buildings
constructed on the property before a building permit will be
issued, as required by the Colleyville Zoning Regulations. The
site plan shall include any athletic field intended for competitive
sports use.
I. All buildings constructed in development areas A and B 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. This requirement shall apply only to
buildings that exceed two thousand (2,000) square feet in gross
floor area.
j. Development occurring in development areas A and B shall pay
all applicable water, wastewater, and roadway impact fees and
parkland dedication fees. The roadway impact fee shall be
calculated according to the student enrollment on October 1 of
each year. If in subsequent years the student enrollment
increases, the developer shall pay a roadway impact fee
calculated on the difference between the previous year's
enrollment. Offsets and credits against impact fees for water,
wastewater and roadways shall be provided as allowed by the
Colleyville Subdivision Regulations. Offsets and credits against
impact fees for water, wastewater and roadways shall be
provided as allowed by the Colleyville Subdiyision Regulations.
7. SHARED FACILITY USE
The property owner and the City of Colleyville shall enter into a
mutually acceptable written agreement for the joint use of the
facilities, including all athletic fields and gymnasium. The
execution of the joint use agreement shall be a condition
precedent to the issuance of any development permit on the
property.
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
Ordinance 0-00-1204
Page 7 of 7
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 proYided by law.
AND IT 15 50 ORDERED.
Is!
The first reading and public hearing being conducted on the ,. day of
(ibru.a.ry ,2000.
The second reading and public hearing being conducted on the 6rb day of
i'l-bftllff-' 2000. .
JJ~
CITY OF COLLEYVILLE:
rt:; fa,_
Donna~~
Mayor
J n Harris, CMC
City Secretary
5 TO FORM AND LEGALITY:
Ross T. F ster
City Attorney
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PROPERTY DESCRIPTION
BEING a 43.891 acre tract ofland in the R.H. McEwing Survey, Abstract No. 1154 situated
in the City of Colleyville, Tarrant County, Texas and being that tract conveyed to Howard G.
Collins by deed recorded in Volume 6705, Page 947 ofthe Deed Records of Tarrant County,
Texas (DRTCT), that tract conveyed to Howard G. Collins by deed recorded in Volume 6705,
Page 950 DRTCT , that tract conveyed to Howard G. Collins by deed recorded in Volume 7225,
Page 348 DRTCT , that tract conveyed to H. Collins by deed recorded in Volume 6478, Page
440 DRTCT that tract conveyed to E.M. Collins by deed recorded in Volume 6968, Page 1501
DRTCT, Reed Subdivision, an addition to the City ofColleyville, Tarrant County, Texas as
recorded in Volume 388-145, Page 68 ofthe Plat Records of Tarrant County, Texas (PRTCT),
that tract conveyed to A.D. Electric Company, Inc. by deed recorded in Volume 6313, Page 611
DRTCT, that tract conveyed to Bobby Joe Pace by deed recorded in Volume 10257, Page 1779
DRTCT, THAT tract conveyed to Howard G. Collins by deed recorded in Volume 5318, Page
440 DRTCT and that tract conveyed to H.G. Collins by deed recorded in Volume 5479, Page 496
DRTCT and being more particularly described as follows:
BEGINNING at a P.K. nail set in the approximate center of McDonwell School Road (County
Road No. 3105), said P.K. nail being by deed call 388.6 feet east ofthe northwest comer of said
McEwing Survey;
THENCE S 89048'25" E along the approximate center of said McDonwell School Road, a
distance of 555.53 feet to a P.K. nail set, said P.K. nail also being the original northwest comer
of Reed Subdivision, an addition to the City ofColleyville, Tarrant County, Texas as Tecorded in
Volume 388-145, Page 68 of the Plat Records of Tarrant County, Texas (PRTCT);
THENCE S 89042'11" E along the approximate center of McDonwell School Road, a distance of
1395.21 feet to a P.K. nail set, said nail also being the northeast comer of said H.G. Collins tract
as recorded in Volume 5479, Page 496 DRTCT;
THENCE S 00036'38" E along the east line of said H.G. Collins tract and the west line ofa tract
conveyed to Foxcreek Residential Development, Ltd. by deed recorded in Volume 12575, Page
30 DRTCT, a distance of938.24 feet to a 3/8" iron pin found, said iron pin also being on the
north line of a tract conveyed to Charles R. Lewis by deed recorded in Volume 4487, Page 741
DRTCT;
THENCE N 89054'31" W along the south line of said H.G. Collins tract as recorded in Volume
5479, Page 496 DRTCT and the north line of said Lewis tract and the north line of a tract
conveyed to Charles R. Lewis by deed recorded in Volume 4552, Page 839 DRTCT , a distance
of 412.31 feet to a 1/2" iron pin found, said iron pin also being a re-entrant comer of said Lewis
tract as recorded in Volume 4552, Page 839 DRTeT, and on the east line of said Howard G.
Collins tract as recorded in Volume 5318, Page 440 DRTCT;
THENCE S 00036'18" E along the east line of said Howard G. Collins tract as recorded in
Volume 5318, Page 440 DRTCT, a distance of35.08 feet to a 112" iron pin found, said iron pin
also being on the north line of said Lewis tract as recorded in Volume 4552, Page 839 DRTeT;
Exhibit B - Metes & Bounds Description
Collins tract as recorded in Volume 6968, Page 1501 DRTCT, a distance of 119.08 feet to a
capped 1/2" iron pin set, said capped iron pin also being on the south line of a tract conveyed to
Bettye Jean Deaton by deed recorded in Volume 6254, Page 521 DRTCT;
THENCE S 89048'25" E along the south line of said Bettye Jean Deaton tract, a distance of 7.00
feet to a capped 1/2" iron pin set, said capped iron pin also being on the west line of said Howard
G. Collins tract as recorded in Volume 6705, Page 947 DRTCT;
THENCE N 01032'45" W along the west line of said Howard G. Collins tract as recorded in
Volume 6705, Page 947 DRTCT and the east line of said Bettye Jean Deaton tract, the east line
of a tract conveyed to Bettye Jean Deaton by deed recorded in Volume 6485, Page 748 DRTCT,
the east line ofa tract conveyed to E.W. Deaton by deed recorded in Volume 7243, Page 2180
DRTCT and the east line ofa tract conveyed to Delma Phillips by deed recorded in Volume
4098, Page 235 DRTCT, a distance of 527.13 feet to the Point of Beginning and containing
1,911,889 square feet or 43.891 acres ofland, more or less, subject to the rights of the public, if
any, in McDonwell School Road.
Exhibit B - Metes & Bounds Description
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