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HomeMy WebLinkAboutOrdinances (O-95-1005)-10/17/1995 ORDINANCE 0-95-1005 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.3774 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, A PORTION OF TRACT 6A4, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE CC (COMMUNITY COMMERCIAL) DISTRICT TO THE CC DISTRICT WITH A SPECIAL USE PERMIT FOR A CHILDREN'S DAY CARE CENTER AND KINDERGARTEN; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Roland Foerster for Kinder Care Learning Centers, Inc. on August 09, 1995 under Case No. S-95-005; 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 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 in 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 CC (Community Commercial) district to the CC district with a Special Use Permit for a Children's Day Care Center and Kindergarten together with all site plans, supporting documents, and other I I .._---~--~ '-..~""------r~'. n__. Ordinance 0-95-1005 Page 2 of 6 conditions and restrictions imposed and approved by the Council, which are incorporated herein by reference including, but not limited to: those statements set forth in the Statement of Planning Objectives from the applicant, Roland Foerster, which is Attachment 1 to this ordinance; the site plan which is Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. Sec. 2. 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. I Sec. 3. 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 Iq~ day of ~embif ,1995. The second reading and public hearing being conducted on the 309 day of ~, 1995. The third reading and public hearing being conducted on the ~ 1 iJ... day of ~tn Ia.e. r ,1995. A TrEST: ~s.~~ City Secretary CITY OF COLLEYVILLE lJ/fL Ed Baker Mayor ~VED ~O_RM AND LEGALITY: cr( -- Ross T. Foster City Attorney "".'"-""._....__.._-'-"-,..,,----""-"~._~._----;" 1 SUP cc 683A 1 w > <( 6A2 6A5 ArGJ .- ro '" :; BO 1. 1 A 18 1 101 ~G 1E 1E2 T > 3 <( W (!) ~ PROPOSED ZONING CHANGE L - ~ w :r: FROM CC irO CC WITH SUP FOR CHILDREN'S DAYCARE CENTER AND KINDERGARTEN ORDINANCE 0-95-1005 EXHIBIT A ,- - - .._"..---._--~,..~.._---~_.._-..---_._...__.._-_._._~,._--_._.._,._.,.._~._-_...._-_.~._~_..~ FIELD NOTE DESCRIPTION FOR SUP FOR DAY CARE CENTER BEING a 1.3774 acre tract ofland situated in the Elizabeth Cox Survey, Abstract No. 352, in the City of Colleyville, Tarrant County, Texas, and being part of a 22.73 acre tract described in Deed to WC] Glade 94, Ltd., as filed for record in Volume 11633, Page 1358, of the Tarrant County Deed Records, and being more particularly described as follows: BEGINNING at the intersection of the south right-of-way line of Gateway Court (a 60-foot wide right-of-way) with the east right-of-way line of Heritage Avenue (a 100-foot wide right-of-way); , THENCE, N.89 52'43"E., 299.72 feet, along the said south right-of-way line of Gateway Court to a corner; THENCE, S.OO 07'17"E., 200.00 feet to a point in the most southerly boundary line of said 22.73 acre tract to a point for corner; THENCE, S.89 52'43"W., 300.28 feet along the said southerly boundary line of the 22.73 acre tract to a point in the east right-of-way line of said Heritage Avenue; THENCE, N.OO 02'14"E., 200.00 feet along the said east right-of-way line of Heritage A venue to the point of beginning and containing 60,000 square feet or 1.3774 acres ofland. ORDINANCE No. 0-95-1005 EXH IBIT B . .- .-...... ROLAND FOERSTER CIVIL ENGINEERS 1405 Wind Cave Circle. Piano, Texas 75023 P.O. SOl: 260411 · Piano. Texas 75026-0411 (214) 881~725 FAX 509-1448 I'NGr.-IEERING PI.ANNING SIJ R VI' YING August 8, 1995 Planning & Zoning Commission Citv Council c/o Doug Henderson Director of Community Development City of Colley vi lie 5400 Bransford Road Collcyville, Texas Re: Request For Special Use Pennit For Day Care Center Members of the Planning & Zoning Commission and City Council: On behalf of WCJ Glade Q4. Ltd., we have submitted application for approval of a "Special Use Pamit" for a day care facility to be located on approximately 1.3 acres of land at the southeast comer of the intersection of Heritage Avenue and Gateway Court, approximately 500 feet north of Glade Road. Upon approval of this request, Kinder Care Learning Centers. Inc., headquartered in Montgomery, Alabama. intends to "close" on the property and begin construction of a new 10,500 ~quare foot day care center facility in time for opening in late spring of 1 QQ6. Currently the property is zoned "C-e", Community Commercial District and is vacant, undeveloped land. Adjacent properties to the east. south. west and north are also zoned "C -C". in accordance with the City ofColleyville Master Plan. Paving, water, sanitary sewer and drainage improvements for Gateway Court are scheduled for construction during the last quarter of this year by the Colleyville- Grapevine Independent School District as part of the Heritage High School development. No additional public improvements and extensions are anticipated. Kinder Care Learning Centers. is one of the premier operators of day care facilities, operating more than 1100 centers natiom\'ide. and having over 45 facilities in the Dallas-Fort Worth metroplex market. The Center proposed for this site will be one of their more spacious facilities, licensed to accommodate up to 100 children. It features many amenities tor its' children. both indoor and the outdoor. Their outdoor play areas are uniquely designed \\-ith separate areas tor different age bYfOUps. having a variety of equipment. play features, shade shelters and educational stations. The spacious playground area wlll be in excess of ~5.000 square feet. well landscaped \\ith ornamental and shade ORDINANCE No. 0-95-1005 ATTACHMENT 1 August 8. 1995 Page 2. trees, and featuring planter boxes with permanent planting as well as planter boxes for seasonal planting by the children. Landscaping will be in accordance with City regulations. A formal, detailed "Site Plan" with a "Landscape Plan" will be submitted along with other required ent,rineering drawings when Final Plat approval is requested. Assuming that the final Hearing for the request is held on October 17th, closing will occur as soon as possible thereafter. Final plans for building permit will be submitted prior to closing. A contract tor construction will be "let" at or near recordation of the Final Plat, with construction commencing sometime during the month of December. Normal completion time for this center is 120 calendar days, therefore tormal opening is anticipated in April or May of ~ 996. If additional information is required, please don't hesitate to call me at 214-881-0725, or contact either Mr. Doug Jennings, owner of the property at (817)336":2055 or Mr. Dempsey Farmer, Regional Development Coordinator tor Kinder Care Learning Centers at (214)669-Q393. Respectfully submitted. Roland Foerster. Pl: Attachments cc: Doug knnings Dempsey f-armer ORDINANCE No. 0-95-1005 ATTACHMENT 1 .::..So-:3.:-:=:';'::S:: --..."" ~II ...-_....._~-~ "I...........~ .. :: ~ -=:.~........... ....-a ........... 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