Loading...
HomeMy WebLinkAboutOrdinances (O-03-1385)-02/18/2003 ORDINANCE 0-03-1385 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.268 ACRES OUT OF THE A.J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by the D. Young Company on November 4, 2002, under Case No. Z-02-034; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests 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 Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for general office, retail, office- warehouse land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-1385 Page 2 of 6 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) Uses allowed in the CC1 Village Retail zoning district (2) Uses allowed in the ML Light Manufacturing zoning district (3) One (1) automotive repair and service facility with outside storage, located at least one hundred eighty (180) feet from any residential property line. The facility shall not exceed five thousand (5,000) square feet in gross floor area. (4) Office-Showroom and Warehouses (5) Light manufacturing without outdoor storage or operations b. The following land uses shall be prohibited within this Planned Unit Development. (1) Building material sales with outside storage (2) Bus or train passenger terminals (3) Railroad or motor freight terminals (4) Transportation vehicle storage yards or garages (5) Veterinarian clinics with outside kennels (6) Convenience Stores with or with-out gasoline sales (7) Kindergarten, primary & secondary schools (8) Junior and senior colleges and universities (9) Vocational, technical and trade schools within 180 feet of any residential property line (10) Golf courses and community buildings (11) Public maintenance and storage buildings (12) Telecommunications towers (13)Solid waste disposal sites (14)Cemeteries and mausoleums (15) Airport, heliport or helistop (16) Convenience store with gasoline sales (17) Convenience store without gasoline sales (18) Supermarket or grocery Ordinance 0-03-1385 Page 3 of 6 (19) Cafe, cafeteria and restaurant within 180 feet of any residential property line (20) Restaurant with drive-in or drive-through service (21) Hardware with outside display (22) Pet shop within 180 feet of any residential property line (23) Vehicle sales with outside display (24) Automobile sales (25) Gasoline service station (26) Building materials sales with outside storage (27) Self-service laundromat (28) Funeral home or mortuary (29) Veterinarian office with kennels (30) Contractor office with storage yard (31) Exterminator shop with storage (32) Day care or day nursery (33) Pawn shop (34) Outdoor amusement (35) Archery and firearm ranges (36) Automotive repair and service without outside storage, other than the one (1) automotive repair use authorized by Section 2.2.a(3) (37) Laundry or dry cleaning plant (38) Self-service storage 3. CONCEPTUAL SITE PLANS AND PLATTING a, The locations of buildings and land uses shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall not be considered the preliminary plat. The actual arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The arrangement, location and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and will be determined at time of site plan approval. However, the combined total square footage of all buildings shall not exceed fifty two thousand fifty square feet (52,050), provided that any large commercial building shall comply with any Ordinance 0-03-1385 Page 4 of 6 additional requirements of the Land Development Code. c. No single building shall exceed twenty-four thousand (24,000) square feet. d. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall be the following minimum standards: a. Minimum Lot Size: None. b. Front Buildinq Line: Forty (40) feet. c. Side Buildina Line: None adjacent to non-residential property. Seventy (70') feet adjacent to residential property line. d. Rear Buildina Line: None adjacent to non-residential property. Seventy (70') feet adjacent to residential property line. e. Maximum Buildina Heiqht: Thirty-five (35) feet. Twenty-two (22') feet if the building is located within 180' of a residential property line. 5. OPEN SPACE AND LANDSCAPING a. Each building site shall comply with the minimum landscaping and buffering requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The landscape buffer adjacent to the residential properties shall be at least twenty (20) feet in width. An eight (8) foot tall Live Oak tree shall be planted every twenty (20) feet within the landscape buffer. This buffer shall satisfy the landscape buffer requirements required by the Land Development Code for this property. c. The common open space may be utilized for storm water detention purposes. 6. FENCING a. The developer shall construct an eight (8) foot tall masonry fence along the east property line of the development, adjacent Sec. 3. Sec. 4. Ordinance 0-03-1385 Page 5 of 6 to the single family residential lots. The masonry fence shall be equal in quality and appearance to the Fencestone brand of PremierCrete Products. The fence shall be constructed prior to the issuance of a certificate of occupancy on any building on the lot. 7. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. b. The luminance of the lighting on the buildings shall not exceed zero (0) lumens, as measured at the common property line adjacent to the single-family residential areas. 8. OTHER a. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. b. All buildings shall provide fire sprinkler systems and fire alarm systems, regardless of the size of the buildings. c. The location and width of all fire lanes shall be approved by the Fire Marshal. d. No outside commercial activities shall take place within one hundred eighty (180) feet of any residential property line between the hours of 9:00 p.m. and 7:00 a.m. Said commercial activities shall include, but not be limited to, deliveries, loading and unloading of vehicles, and the operation of commercial or industrial equipment. e. No manufacturing activity shall take place on the premises, either inside or outside a building, between the hours of 9:00 p.m. and 7:00 a.m. f. Any overhead door facing a residential property line shall not exceed twelve (12) feet in height. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined 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. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-03-1385 Page 6 of 6 Sec. 5. 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. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of Denied by Council February 18, 2003 ATTEST: CITY OF COLLEYVILLE: / / Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP ~ ML I CC-2 /) I AG ~ r A <0 ~-\---~ 2J t':l0.1J9.1164 - ~ ~~ >/\ \ 11 -::l~~'-l -___ '/ ==-~ ..-;-;;- ( '" ~\ie. ~ ""\ d-Y1 - --< --.::: -: /'- >=, II I ~ __ ~rA ~', -~-,== ~ All lr~ c-- ~ I / / r i-J-lr- r-r- ~ ~ 11\ ~-L- l)'r-t- ._0 I~" 1.)1 Hi.D1 ~ '2 I' = PUQ-:C0]0-99-1157 "'1~~rJ 0-02-1335 t-.. 'I l '1" l. \...... A r 0-00-1211 rs:> ~c.~ll.:"l:IL'"t\.,,'1I / -....-"\ ,- ~ r ~ " I ()'()2-1327 ( _ u '- 1-'1- r: _tria l' nl ~ /~ =;"", ".. -v - fl-- r-L""L r _, _J__ - ~r_" I _I "'". ~- ~~L -,....... :_0.95-10121 I l --' ,~.2) ~ --'flIT I L ~ '':I~~ j~ AG N~ ~~., - ,- - J.G seo 11 T -( ~/ = [ ~I 1 - .'20 \ e-- - 1 ighla Id 1---1 EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land out of the A.J. Lott Survey, Abstract No. 963, Tarrant County, Texas, and being the same tract of land as described in deed recorded in Volume 10003, Page 114, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a %-inch iron pin found in the south line of Ross Downs Road for the northwest corner of tract being described, said point being the northwest corner of Lot 2, Block 1, C-D Subdivision, an Addition to the City of Colleyville, Tarrant County, Texas, and by deed being the northwest corner of a tract of land as described in deed recorded in Volume 5990, Page 188, Deed Records, Tarrant County, Texas; THENCE North 52 degrees 49 minutes 31 seconds East 784.49 feet (deed call North 52 degrees 14 minutes 20 seconds East 781.92 feet) along the easterly line of said Ross Downs Road to a capped iron pin set for the most northerly northwest corner of tract being described; THENCE South 89 degrees 34 minutes 33 seconds East 69.44 feet (deed call 76.28 feet) and continuing along the south line of said Ross Downs Road to a Y2- inch iron pin found in the west line of Block 12, Ross Downs Estates II, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 799, Plat Records, Tarrant County, Texas, for the northeast corner of tract being described; THENCE South 01 degrees 32 minutes 00 seconds 478.92 feet (deed call 479.00 feet) along the west line of said Ross Downs Estates II to a % inch iron pin found for the southeast corner of tract being described, said point being the northeast corner of Lot 1 R, Block 2, Ponce Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1642, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 34 minutes 32 seconds West 707.35 feet (deed call West 707.26 feet) along the north line of said Block 2, Ponce Addition and the north line of said Lot 2, Block 1, C-D Subdivision to the POINT OF BEGINNING and containing 4.268 acres of land, more or less. EXHIBIT C - ZONING EXHIBIT , , , , , , ~ , ~.~~ , , , ~j~ , 11 _ 8 , , , , If" , i ,: i , , , . , .,........ , , , . : ~:- ~: k-: , , III , , , fill ~ i , , , i . , . , ~ , , , . , , , C'o~ ~ (~~~ ~ ~l? . <'~ ~~ i i I!tf ~ ,~ ij~ ~1I ~ ij ". ~ , , :: i ': i li!1f ;. J" ;; , , .>> , , , ..... .:- :- '0:-, lWI]1lW :-:-: . .... . . ~ . ...... . 0 '0' b' . "6' " ......"., '6' b' '".., 'A.'n',' ',' , '6' ,..." .".., '^' ,...,' 'C"\ ' " ',,", " ,',0', ,-0,',0':.0'.0."0.'.0', " '"v',v,'}.J",o-.Q:. .'u.'.\.J'.v.'~.'."('.' . ........ . . . . . . . . . . .. . . . . . . . . . . . . . . SOI'32'lIO"E fU2 ", ".-r:.~/ \ ,,,./ :f~b!l~ il~:' . ' "-'.11&. IlLOCI( 12 ROSS DOIINS ESTATES . CAlI. A. SUIE _ EXHIBIT C - ZONING EXHIBIT l::' ~(b :$ (j . (::0, ...:::; .0 ~ o ...