HomeMy WebLinkAboutOrdinances (Ordinance O-20-2128)-Denied-08/04/2020ORDINANCE APPROVING THE DAY CARE WAS DENIED 5-1 - JANUARY 5, 2021
- Ayes: Nakamura, Wheat, Dodson, Kelley, Rigney
Nays: Newton Absent: Lindamood - THEREFORE NO ACTION WAS TAKEN
ON THIS ORDINANCE ORDINANCE 0-20-2128
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY
CHANGING PLANNED UNIT DEVELOPMENT ORDINANCE 0-09-1736,
BY AUTHORIZING AN AMENDMENT TO ALLOW FOR A CHILD
DAYCARE FACILITY TO OPERATE BETWEEN THE HOURS OF 6:30 A.M.
TO 6:30 P.M. IN LIEU OF THE 7:00 A.M. TO 8:00 P.M. HOURS OF
OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEEPq4E
SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVID N
EFFECTIVE DATE N:
WHEREAS, the City of Colleyville has received an applicati Nemend the
hours of operation for a childcare facility f�Qn '30 a.m. to
6:30 p.m. Monday- Friday, Case No. ZC2''Q��-Q112; and
WHEREAS, the City of Colleyville deems it neces,'for the purpose of
promoting the health, safety, moral eneral welfare of the
City to amend the City's zoning or i nce; and
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WHEREAS, the Planning and Zoning sion, has given reasonable
consideration to, among t things, the character of the
City's zoning districts a it peculiar suitability for particular
uses, with a view t c serving the value of buildings and
encouraging the t�appropriate use of land throughout the
City; and
WHEREAS, the City C is of the opinion that the change in zoning
provided o erein should be made, in compliance with the
City C,,riaVer, and state law with reference to changes to zoning
clas4Wtions under the City's zoning ordinance and zoning
`P"aving given the requisite notices required by law and
g held public hearings affording all interested persons and
operty owners a full and fair opportunity to be heard.
NO T REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
C F COLLEYVILLE, TEXAS:
Sec. 1. THAT Ordinance 0-09-1736 of the City of Colleyville, Texas,
be, and the same is hereby amended by allowing for a child
day care facility to operate between the hours of 6:30 a.m.
to 6:30 p.m. Monday- Friday on 1.41 acres, being Lots 9R &
10R Block 1, of the Winding Creek located at 6412 and 6416
Colleyville Boulevard as shown in Exhibit "A"
Ordinance 0-20-2128
Page 2 of 3
Sec. 2. THAT the Ordinance 0-09-1736 shall be subject to the
following condition:
L GENERAL
a. 10.Other
b. For any building not fronting on State Highway e
hours of operation shall not exceed 7:00 a.m. to 8(k.m.
6:30 p.m. Monday - Friday. V 71
Sec. 3. THAT any person, firm or corporation icing any of the
provisions or terms of this ordinance be subject to the
same penalty as provided for in t EdFnprehensive Zoning
Ordinance of the City of Colleyvill��id upon conviction shall
be punishable by a fine ncrV exceed the sum of Two
Thousand Dollars ($2,000,99 each offense.
Sec. 4. THAT if any section, p aph, subdivision, clause, phrase
or provision of thi nance shall be judged invalid or
unconstitutional, 6Mme shall not affect the validity of this
ordinance as aAkx7e or any portion thereof other than that
portion sod i to be invalid or unconstitutional.
Sec. 5. THAT in a ion to and accumulative of all other penalties,
the City IWall have the right to seek injunctive relief for any
an!ll
, violations of this ordinance.
Sec. 6. ATthis ordinance shall take effect immediately from and
(f� ter its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
A IS SO ORDERED.
Thfirst reading and public hearing being conducted on the 4th day of August
2020.
The second reading and public hearing being conducted on the 5th day of
January 2021.
Ordinance 0-20-2128
Page 3 of 3
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _
ABSTENTIONS ON THIS THE 5T" DAY OF JANUARY 2021.
Mayor Richard Newton Mayor Pro Tern Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
CITY OF COLLEYVIL
Richard NewtdPik .
Mayor V
O�V"
C
Whitt Wyatt
City Attorney
O
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Exhibit "A" - Ordinance Exhibit
I. GENERAL
a. The purpose of this PUDC is for office and retail uses.
b. This property is subject to all the regulations contained the
Colleyville Land Development Code, except where amended byXf
Ordinance.
2. SITE PLAN AND PLATTING
a. The development of this property shall be gener 'Oixcdnsistent with
the site plan attached as Exhibit "B".
b. Prior to the issuance of any building per . A �feplat of the subject
properties must be submitted and approv building permit may
be issued until said plat is filed with th@'6p4i ty Clerk.
3. PERMITTED AND PROHIBITED U �v1
a. The following land uses skLaI be permitted within the Planned Unit
Development:
1. All office use aced in the Land Development Code.
2. For all buildiQiXith frontage along State Highway 26, all uses
allowed in tl e1 -2 Shopping Center district shall be permitted.
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4. BUILDINGS SITE PLAN APPROVAL
a. T t �square footage of all office buildings constructed within this
de�e ent be allowed as follows:
0 r 1.
General
Office:
Maximum Square Footage:
34,515
2.
Medical
Office:
Maximum Square Footage:
13,565
b. All office buildings shall contain no more than one-story unless mixed
with retail uses.
c. All buildings constructed as part of this development that do not have
frontage along State Highway 26 shall be generally consistent with the
building elevation designs, attached as Exhibit "C".
d. All buildings constructed as part of this development shall meet the
minimum design score of 30 as described in Chapter 6-Building Design
in the Land Development Code.
S. PARKING
a. All off-street parking required as part of this development shall meet
the requirements of the Land Development Code.
6. LIGHTING �A
a. All lighting including parking lot, building and secu ' ghting shall
be directed away from residential areas and shall vi e a maximum
candle illumination of 0.5 foot candles as measu�iom the property
line.
a. The development shall provide a rn,inNa im of 30 percent open space.
b. A 15 foot landscape buffer s� 13e maintained along the western
boundary of the developm ,n"here it is adjacent to residential
properties. Additionally, ENTWrdscape buffer shall contain 43 wax
myrtles planted on 15 foo( ers. The required buffer shall be installed
prior to the issuancesNhe certificate of occupancy for any new
structures. I �!
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c. A 25 foot buil g setback shall be maintained along the entire
western prop ty'line where it is adjacent to residential properties.
S. SIDEWALW
a. A' inimum eight (8) foot masonry screening fence shall be
coNucted along the entire western property line adjacent to
i ential properties prior to issuance of the certificate of occupancy for
y new structures.
b. A minimum four (4) foot sidewalk shall be constructed along all fire
lanes and in front of each building when any new structures are built.
9. FENCES AND SCREENING
a. A minimum eight (8) foot masonry screening fence shall be
constructed along the entire western property line adjacent to
residential properties prior to the issuance of the certificate of occupancy
for any new structures.
10. OTHER
a. A minimum of 221 caliper inches of new trees shall be planted on
the subject property per requirements of Chapter 5-Tree Preservation
in the Land Development Code prior to the issuance of the certifi<N
of occupancy for the fifth structure built on the subject proper' y'v
b. For any building not fronting on State Highway 26, the,44of
operation shall not exceed 7:00 a.m. to 8:00 p.m. and4specifically for
a child daycare facility on lots 9R and 10R the hours of operation shall
not exceed 6:30 a.m. to 6:30 p.m. Monday -Friday.; �
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