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HomeMy WebLinkAboutOrdinances (O-99-1139)-01/09/1999 ORDINANCE 0-99-1139 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 14.79 ACRES OUT OF THE A. CHRISTIAN SURVEY, ABSTRACT 339, TRACT 4, 4A2, AND 4A, AND LOT 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION OF THE CITY OF COLLEYVILLE, TEXAS, FROM THE AG (AGRICULTURAL) DISTRICT WITH SPECIAL USE PERMIT FOR PRIMARY AND SECONDARY SCHOOLS AND R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL); PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by John Lynch, agent for Presbyterian Church in America, on November 13, 1998 under Case No. Z- 98-047; 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, the Planning and Zoning Commission and the City Council have determined that the proposed planned unit development as presented herein is consistent with the goals and objectives of the Master Plan of the City of Colleyville, Texas; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both 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 (as indicated on Exhibit A) are hereby Ordinance 0-99-1139 Page 2'of 10 amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds on the attached Exhibit 8, by changing the zoning of said property from Agricultural with a Special Use Permit and R-40 Single Family Residential to PUD-C (Planned Unit Development - Commercial) together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the City Council which are incorporated herein by reference including, but not limited to the conceptual site plan which is attached as Exhibit C to this ordinance and the statement of planning objectives which is attached as Exhibit D to this ordinance. A combination landscaping and durable non-wooden fence similar to that shown on Exhibit E shall be constructed adjacent to the common property line between this planned unit development and the residential property to the east where indicated on the attached site plan Exhibit C. Sec, 2 , THAT the zoning regulations of the City of Colleyville shall remain applicable to this development except where specifically provided for in this ordinance, Sec, 3, 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 and accompanying official Zoning Map thereto 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, 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the <yY;!, day of ,)Il!11Lt( 'f ' 1999. public hearing being conducted on the L day of J1he second read ing and atl\U.r~ ' 1999. CITY OF COLLEYVILLE J n Harris, CMC ty Secretary ~4 ichard ewton Mayor - Ordinance 0-99-1139 Page 3.of 10 APPROVED AS TO FORM AND LEGALITY: HY City Attorney II' · .'!.. R let:'. tl. \. .... I. , .. ,,. AoD 1:;. . 11~ .". . ia · - a I Jlfl'" ~ . t!lt.: A- . I I ' ..... · III Elf. I M ~--. roo'l .':1"., I'.. i'Ol I : II': ': I : ":,..:ft ~ : : ~......~ : _,: : II : : I i.~ \~. · W\ \ . ~ . ~~.' , _ ............ .... - ~ 9 I I , I N r ..J .. .'J · J. I -..,... I I - - . i . i- . . t . ~ ~ - \ I I , I I , , 11\ 1\ . ~ . I- I - .- , " . . :a I . I . .t . " I .. 7 II I .. I . . a . . . 7 I ': 1 . -- ..a "i ~~ ~ _.n. tI.Q 1& ~ ...,~ ,.... - - 0-99-1139 Exhibit II A" COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA 715 CHEEK-SPARGER COLLEYVILLE. TEXAS LEGAL DESCRIPTION Being a tract of land situated in the A. Christian Survey, Abstract No. 339, Tarrant County, Texas, and being more particularty described follows: Beginning at a point by deed call being in the north line of said A. Christian Survey. 1113 feet west of the northeast comer, said point also by deed call being in the center line of Cheek- Sparger Road; Thence South 89 degrees 58 minutes 23 seconds East. along said north line of A. Christian Survey and center line of Cheek-Sparger Road, 239.53 feet to a point, said point being the northwest comer of a trad of land described in a deed to Gary LCantrell, recorded in Volume 8198. Page 2005. Deed Racords Tarrant County Texas; Thence South 89 degrees 58 minutes 23 seconds East. along the north line of said Cantrell tract. 108.17 feet to a point, said point being the northeast comer of said Cantrell tract; Thence South 1 degree 38 minutes 7 seconds East, along the easterly line of said Cantrell tract. 354.99 feet to a point. said point being the southeast comer of said Cantrell tract, said point also being in the west line of Lot 1. Block 3. Southgate Addition, an addition to the City of Colleyville as shown on a plat recorded in Volume 388-4.2. Page e.9, Plat Records Tarrant County Texas; Thence South 01 degree 38 minutes West. along West line of Block 3. Southgate Addition, 989.70 feet to a point, said point being the southwest comer of Lot 5. Block 3, of said SO\lthgate Addition, said point also being in the north line of a tract described in a deed to Northeast Construction Company, recorded in Volume 6292, Page 116, Deed Records Tarrant County Texas; Thence North 88 degrees 11 minutes 53 seconds West, along said north line of Northeast Construction Company tract. 328.20 feet to a point. said point being the northwest comer of said Northeast Construction Company tract, said point also being in the east line of Lot 22, Block 1. Northmont, an addition to the City of Bedford as shown on a plat recorded in Volume 388-.107, Page 82, Plat Records Tarrant County Texas; Thence North no degrees 39 minutes 30 seconds East 1108.00 feet to a point. said point being the northeast comer of Camelot Estates, an addition to the City of Bedford as shown on a plat recorded in Volume 388-112, Page 52, Plat Records Tarrant County; Thence North 89 degrees 26 minutes no seconds West 839,29 feet along the northerly line af said Camelot Estates; Thence North 1 degree 30 minutes 30 seccnds East 226.41 feet; Thence South 89 degrees 24 minutes 55 seconds East 839.27 feet to the Point of Beginning and containing 14.79 0-99-1139 Exhibit "B" ~ ... 111111 o II I~~ II! III li~ I B~ cr II~I ~i!; ctlci! ~ ~~ ~ ~I Ji~i iI~1 I I It::jlli~ -i!li;l! !It,ii )~I~i~! :a~l; Ji~ . ~;h il:li III ill !1 I, ~. 'I ;p. ~~ h Hi I, ~ :1 5 iL~,---l I~~I~ ~~I I~ I.i~i& ~ JI.i~. :; B~"ii . iqa~! .. i.... .. Il ~ 1m a~l! 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'T1 Cl) C'" ..., c: II) -< ...... <0 ...... <0 <0 <0 A TIACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CBRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA - COLLEYVILLE, TEXAS PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any accessory uses incidental and secondary to the allowed principal uses. PROHIBITED USES Uses not expressly permitted in the Permitted Uses stated above. STATEMEm OF PLANNING OBJECTIVES Upon grant of the zoning change requested herein, it is anticipated that the Property Owners win immediately move for replatting of the Property to conform with the plan set forth on the Site Plan. The renovation of the existing house for kindergarten classrooms on the northeast comer of the Site Plan win commence almost immediately. After the kindergarten classrooms have been renovated, students win be moved from the Brown Trail satellite kindergarten facility of Covenant Christian Academy ("CCA") to this f3cility and the old satellite kindergarten property will be sold. The gymnatorium shown at the north end of the Properly will be constructed as soon as possible, based on the results of fund raising ac;tivities. Without limiting the right of the Applicant to delay construction until a later date, the Applicant hopes to commence construction of phase two shortly after the first of the year in 1999. It is also anticipated that with construction of the gymnatorium a portion of the classroom building adjac~t to the gymnatorium will be commenced and completed. These initial improvements will provide enough space to eliminate the portable classroom buildings on the Church Property which fonns a portion of the Site Plan. In addition it is anticipated that upon completion of the initial phase, the high school students which are currently housed in the First Baptist Church ofCoUeyviUe facilities will be moved onto the Site Plan property. The building to the south adjacent to the proposed baseball field wiU be constructed in a longer range phase. Without limiting the right of the Applicant to commence construction at a later date, it is hoped that the construction on the central portion of this latter phase building can be commenced within two to three years. The latter phase facility is intended to be the middle school and high school facility for the ATIACHMENT TO PUD-C ZONING CHANGE APPUCATION PAGE 1 OF 3 0-99.1139 Exhibit "0" campus. The portions of that facility indicated for gymnasium and fine arts are of a longer range, as well as the separate wing indicated for middle school. The athletic facilities on the Site Plan will be constructed as soon as possible, but as indicated are not to have lighting for night play. Presbyterian Church in America - ColleyviUe, Texas ("CoUeyviUe Presbyterian") is the active force behind CCA. CCA has been in operation for fifteen years or longer and has been a good neighbor and citizen of the City of Colleyville. Numerous residents of the community have coltributed vast amounts of time and monetary resources to further this private school. The ten acre CCA portion of the Property was, purchased several' years ago, with the anticipation of the construction of school fiIcilities on the Property. After the Property was purchased, the City changed its zoning ordinance, which no longer permits the construction of the educational facilities on this Property, as it did when the Prop~ was purchased~ The current zoning ordinance permits educational facilities in PUD-C and ip.a categorical , zoning which commercial or hire (but not in residential). This change has necessi~ted the subject Application. The use of the Property has long been planned and has been existent' for a number of ~years. The requested change is therefore consistent with the existing use of the Pr,"operty. Conversion of the existing Property ofCCA into the use for which it was purchased (and formerly pennitted ltY prior zoning ordinance) is logical and does not take othec commercial property of the City out O;f use.for retail and other higher commercial uses as desired by the City. CCA has held public meetings and has met with adjoining property owners in the Wayne Drive and adjoining area. The Site Plan and this Application contain numerous concessions requested by adjoining property owners in order to address their concerns. The building, setbacks, and location (towards the extreme front of the Property) has been proposed in order to address concerns with respect to adjoining residential use. The rear two-thirds of the Property has been left open for athletic purposes and is certainly compatible with adjoining uses. These athletic fields satisfy any requirements for open space which might be associated with this zoning request. DEVELOPMENT SCHEDULE The stages and phases of development are discussed above in the "Statement of Planning Objectives" section. Because much of the timing of construction will be fund raising activities and enrollment growth issues, the Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change, except as may be necessitated to make minor adjustments to accommodate proposed buildings at the common property line between Colleyville Presbyterian and CCA Property. It should be noted that CCA also owns lot three along Wayne Drive, but lot three is omitted trom this zoning application in order to address concerns raised by the Wayne Drive Property Owners. ATIACHMENT TO PUD-C ZONING CHANGE APPUCATION PAGE20F3 0-99.1139 Exhibit "0" STATEMENT OF UTILITIES. TQ BE P~OVIDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to all of the Property. Extensions and service lineswill be extended in conneCtion with the construction of buildings, as necessary. Adequate easements for all utilities around and on the Site either already exist or will be included in the Plat of the Property. This instrument containing the Statement of Planning Objectives, Development Schedule, Statement of Proposed Ownership and Statement of Utilities to be Provided is attached to and incorporated into the zoning application signed by the Property Owners and their representative. ATIACIfMENT TO PUD-C ZONING CHANGE APPUCATION PAGEJOF3 0-99-1139 Exhibit "0" '., ~.. . ~ ti t) ,,\ \t') '.2 ~ ::::l _..\ ~ 'r ~ -Z ~j \~ <. ~ Y- \) .~ \.\1 l rL<{J. m\ll "5-1 ):~ \ ~t? ~, lU' .- ~Z. ~~.~ . ~~(~ . ~~\~) ~\.<( _:~ U\ -, ~ '~- U-. m \\1 -l~~ n () -:c ~)Z-- Z \\ t ~- ~w ~ ~\ \L ~ .-............~. .'.......... L .. I . ! ~ '-\\t ~ K- ill <.:) -'7 ..L_ 11.\ ~ ~.~ ~:'~ ij) ~...; .~ ,,! ~ ~ '.,.7~ .~.". ~ \\) . ,.." z: ill ~\r ,,~~,~~. -.! '-;t cl. .. .\", LU '1 ~, - 8 - q ~ ~~ :=-.. --- ...~.,=- _t} ~ 1. t' 'Z. "~- ~ ~,LU, ~ ,,--- ~ -'- c''- - .. 'J ~ \U ~:z. ~ lU( ~. ill ".. l'.\ ~ ~ II :1- ~';f .J -j...~ --..------.- l Q ~ .." ..,.....-.,-" ~ -~ -+-.----.------ - \I" 'I~ 0-99-1139 Exhibit liE"