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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 [";;: r-;:..~, .. ..~ ~..i: ~:~ I .. .- ~"i ~ - ~~~ ,,;\ - ~ -. 11';\ .1' I /-"\ I '-. \.., I , , I I 1 - ~ ~ ." 0 "! - ".. tit , ~ . 't Q - , co .:1 If .1 IL o '1. -" '5 , " II ~ \~~ ~" \.'::'" ~ - c( \j. Iii ...0... · · . " ;@-- j 'e.~ ... ':> ..... II .= III 1 oft ~ A' ::J f g Q..o .- .;. - -~ - - -I =~ .. \0 ~~~ .' .,.., ~\~ ~ ~'" '; \ ~ .L. , I r . , 01 j" -= .~ (II) \- · .- '=1 ~:..Ht..:'': c1i;T-t ~\r~51.. ~ i :~J I '1 - it.I..... 0 ~ o. ...--- '~";'" #I .! ., ~- ~ r _~- r--..I\' - :/~ \L /1 \\ ~ I ;-: ~ ; ..: ~~- - ~ C'..1r6~. 'M ~ ~~ ..', H. = , . ~ -. ~ 'Q~ ~~ --cS:J ~ f-- . ~~\. ~ - ~"". - ........ "'to... .r. . -\~\ ~ '-"l!:.,;'-... _ '\1 - ~~~ \:. .-. ~ -- . ~: . . .. - - ~\ :t; It' - Q ! I.~ I '- ~ ~ :~: ~ ell.'- - .\J - ~I-t~ . a' ~ ~~\ - .~L/.~ " /:/. -f ~ :&JA': i. -\" '~, . .- I "il 1 nt ~I · ~.l ~A 7/1 ~::r lllI I 0- I I ~ ~ . I . .... 'Z. I~~\'~- '~ .. . v "~'" ' . ' , \,~I =(':i-' , .> , iI: , ~I____I---- tl:~ .1 i~ II d I -----~ w" =: r . ., I~ ,I 0 , ~ il "0 "' o !" ~, .! QC - d. ~:. , _"~ - - ..-, ~~: -~~: , . .' II '3 .' 0 .j N a: ! i !" .5 cS:J ~~.... v. '\'i~ ~ ~~4 \ ~ A p .! "". -: .:: ~. , ,: I i:::t : : :.,~ ..... .J ';1 ..L..":',":;. I I: .r.. ! ~ II ! ~ - 'Mal _,~~"If... I I I _ .: I .~ I flr'--', .2 -__/ So . t. .3 f8 i -c- l.~ ~~~-=; '^ ~"&~..... 't, ~ ~~ v~-~._~ 1 ~-----2t ~ '" .... ~ . I ~ Q ~ \~~ I ..."''8 ~ ... G ~~ "-I '" 'r.l ~ , \\\ --; -""':Z.~ . - \' ~ a I' ~ ....- ~':O. ...~~ ""'~ ~ ~ ~-----------...--....~....-- I a. ftI :E CD I: .- I: o N I CI: .. .- oa .- J: >C W 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 yz' 9~b , - ...!\ '1 7r t0~ ta ~~ ~~ ~{ 1,0 N 1 :9 ~ -~ 'f ~~ t l t ~ ~ .s <.J \- i) - ~ €- ~ f- o - ---- ,yZ''jtb.. _ ~ -- -.n "1 1 Nt r:irl!' Il'-d ~~ ~~ ~1 "to N , Ij g <l "i. ~ ~ f- a \l 1 ~ 'i 10 I ~ ~ ~ ~ II . ~ o ~ \- d5 - ~ JU ~ 1t -:a~'r\c:l ~ \II ,H''it.b ~ -- -:- Ir 1 \][7'- .. 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