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HomeMy WebLinkAboutOrdinances (O-99-1173)-09/21/1999 ORDINANCE 0-99-1173 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING OF 8.675 ACRES OUT OF THE J. BY AS SURVEY, ABSTRACT 180, AND LOT 1, BLOCK 1, MONTESSORI ADDITION FROM AGRICULTURE TO CC2 COMMERCIAL SHOPPING CENTER, AND AUTHORIZING A SPECIAL USE PERMIT TO ALLOW A PRIVATELY OPERATED KINDERGARTEN, PRIMARY AND SECONDARY SCHOOL; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a special use permit was filed by The Barbara Gordon Montessori School on July 29, 1999, under Case No. Z-99-055; 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 Colleyvi lie; 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 8.675 acres from AG to CC2 and authorizing a Special Use Permit for a privately operated kindergarten, primary and secondary school, with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved . Ordinance 0-99-1173 Page 2 of 3 by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives (Exhibit D), and subject to the following conditions: a. A screening fence at least 8-feet tall shall be required along the southern property line adjacent to the residential area zoned R20. Said screening fence to be built with the construction of any new buildings on site. b. When utility improvements are made to this property, the buildings must be served from Bluebonnet Drive. c. The driving aisle through the property must be designed to support fire and emergency vehicles. d. Sidewalks are required along all street frontages. The sidewalk on Hall-Johnson Road shall be consistent with the requirements of the Colleyville Pathways Plan. e. This property is subject to all of the requirements of the Colleyville Zoning Ordinance except where amended by this ordinance. Sec. 2. 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 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 provided by law, AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of ~ 1999. and public hearing being conducted on the ~ day of :5~ .p1cond reading ,1999. ATTEST: ,/' w~ CITY OF COLL~ t:~ Mayor J n Harris, CMC City Secretary Ordinance 0-99-1173 Page 3 of 3 1?~RM AND LEGALITY: Ross T. Foster City Attorney ~~;; ; ~ ~.,: gfttifP' '::: ~~ ~~ ~ !~~~ ~~- , . ." ... l i . . ... I .... . t -- -- r- .,1 _'!. P p~ f -- ,... It,. .. .. .. u. t. "I ,....." , , '-/ J ~; I I I . , , ...r r. . I . - '-A ...,. .. v .. &l16~ C&~ pO~1S JlOoJfl S , BOB ~ 'UII · Cc... ... ........... .. /-"1 ( ( . , '- -...J' ... .... .\\)0 ~... -- 8'(~ J~ , /: . ,. ~_..- . 11 ,. . I t. 11 I .. n . .. ,. L--. . J . . . , . -.. I I J · .,.aoPI r ~~~J at5 ~e...J n ,h,."" k" ;161 tl " t'~ 0 ~: - ..-,.-" - z 3 . .~n I 'I.'!! IY . . 111 lilt ,.. IC : ! I I I I I , . I I i " I " i- t. 1J tl " t. . I '0 . 7 I . \ . , . . I . At. TIt a 14.114 . TIt. D.'. r ,.,~. . '~_ ..~ :tiON.-- 0\ :.jt:--~<" ~\,..e: "-J/)~----~:' ~~..; NL~__cw . Jl(1- t I - ~ 6 " r-- ~ "" , !II \ .. I It ... - -- I' 1M I' nOl " " 7 ': 1_ · _: " ~ II.; ,.. - '\ l. 7_"- · i (-~~'~1~:-r:" ~ L,l~ II ~- ~:jr~~~(/"~ · ,"]~'t H u I I Iq, · .'1 it 11'1 \1 t. ~I-~ ~'II JI~ .. I I. ~ 'I.~i I I I . I I 'I I II 11 : s-:- '1.' . I 11 · kt: u ,. j 11 ~ ~. 1irIr..,-' '-?.. ,~, jJJ 'L -' /. II ~ I '~. c~ i -1 \. It JP. ",.a'l(., I I -~r'I-. I I · ~ ~ ~\ \~ ppr I:r---'~~ t.' ! r II ['lr~ ^ 3 \ '.. D: 1'. tl :\ . -- I :::r -, \ ~ I .1 17 I .1 , , ~......l. l i '6 I L__ --'".. " .r'J.~ ilir--,- - -... - '., ~ \' I ..., ' , " .. 11 , 1 It 'I . MIl " ' \' \ --.11 . ! _" t"', ".... \' 21 II UI . I "ap' " ,,," HI I I HI "j f~r- " " I, ...-- --....- I ~,,8":~" !: - " '. I 'r .1--. --~ II ",.' · :t\. ,. ~ J · ~) ,-__J :i .. .. . ~ d\ I 1 I.........,~ __ ., I, f-----1 1'~ , .-- '1 ,I ., , I II ..,-' t. . Exhibit A - Zoning Map PROPERTY DESCRIPTION Being a tract of land situated in the J. L. Byas Survey, Abstract No. 180, within the City of Colleyville, Tarrant County, Texas, said tract of land being all of Lot 1, Block 1 Montessori Addition, an addition to the City of Colleyville, Tarrant County, Texas, as recorded in Volume 388-198, Page 45 of the Deed Records of Tarrant County, Texas and being a portion of a parcel of land deeded to the United States Postal Service as described in Volume 12103, Page 153 of said Deed Records, said tract of land being described by metes and bound as follows: BEGINNING at a found 1/2 inch iron rod on the existing South R.O.W. line of Hall-Johnson Road being the northeast comer of said Lot 1, said found 1/2 inch iron rod also being the northwest comer of an area labeled "To Be Dedicated- as shown on Lot 1, Block 1, City of Colleyville as recorded in Volume 3~185, Page 100 of said Deed Records; THENCE South 00 degrees 03 minutes 05 seconds East, along the East line of said Lot 1, Block 1, Montessori Addition and along the West line of said Lot 1, Block 1, City of Colleyville, passing at 547.30 feet a found 5/8 inch iron rod being the southwest comer of said Lot 1, Block 1, City of Colleyville and continuing in all a distance of 793.70 feet to a set 5/8 inch capped iron rod ("BHB INC") being the southeast comer of said Lot 1, Block 1, Montessori Addition, said set 5/8 inch capped iron rod ("BHB INC") being on the North line of Block 1, Kingswood Estates as recorded in Cabinet A, Slide 1458 of said Deed Records; THENCE North 89 degrees 45 minutes 16 seconds West, along the North line of said Block 1, Kingswood Estates, also being the South line of said Lot 1, Block 1, Montessori Addition, a distance of 236.68 feet to a set 5/8 inch capped iron rod ("BHB INC") being the southwest comer of said Lot 1, Block 1 Montessori Addition and also being the southeast comer of said parcel of land deeded to the United States Postal Service; THENCE North 88 degrees 12 minutes 41 seconds West, along the North line of said Block 1, Kingswood Estates, also being the south line of said parcel deeded to the Unites States Postal Service, a distance of 518.50 feet to a point being the northwest comer of a right of way dedication per plat of said Kingswood Estates, and also being the southwest comer of said United States Postal Service parcel, said point also being on the existing East R.O.W. line of Bluebonnet Road, from said point a found 3/8 inch iron rod bears South 27 degrees 49 minutes 30 seconds East, a distance of 0.67 feet; THENCE North 00 degrees 04 minutes 54 seconds East, along the West line of said United States Postal Service parcel and said existing East R.O.W. line of Bluebonnet Road, a distance of 212.38 feet to a set 5/8 inch capped iron rod (.BHB INC.); THENCE South 88 degrees 12 minutes 41 seconds East, leaving said West line of said United States Postal Service parcel and said East R.O.W. line, a distance of 379,31 feet to a set 5/8 inch capped iron rod ("BHB INC"); THENCE North 00 degrees 05 minutes 01 seconds West, a distance of 575.09 feet to a set 5/8 inch capped iron rod ("BHB INC") being on the North line of said United States Postal Service parcel and on said existing South R.OW, line of Hall-Johnson Road; THENCE North 89 degrees 43 minutes 00 seconds East, along the North line of said United States Postal Service parcel and said South R.O.W. line, a distance of 138.50 feet to a found 3/8 inch iron rod being the northwest comer of said Lot 1, Block 1 Montessori Addition and the northeast comer of said United States Postal Service parcel; THENCE North 89 degrees 57 minutes 18 seconds East, along the North line of said Lot 1, Block 1, Montessori Addition and said South R.O.W. line, a distance of 237.12 feet to the POINT OF BEGINNING, containing 8.675 acres of land. Exhibit 8 - Property Description Ii " ~i~IJ "I. " --_.!!_---- f! ill ~~I" : i!S "I 11' gJ : I . I I--~-----~ ~ II, III. i : ","<1,1 I I~ " ! !11511~mpl !k---J ill; ;IH IS II_ l:I! i I. ~ I !Omlll ~ "f.I! ---I ~i~~1 1.=,'= 't . ';&1i .f-' tl~ $' I., !f ii!n fli.." ~!. il ~lljI 'Uf 1M Jll! il~f II! < Ci~m ",,,,,, C""Z ~~~~ -'" ~;~~ ~~S5 ~l~~ fYlfTI 0 r -...6.... r eUO--i~ rr1 o~:-'o "am~ :;'.50 01 ~ :~Q""l~O ",~:-,g",z ao~F :. ----.I ::DZO~ n -, ~~~F :t1 fTl ~)o~!" {rlU> UI~~ ~ (f) Q!:l~~ 0 ~Q~ ~ :;0 ~~~g )> ~o~~ 0 2l;;~- 0 z:;un~ -~~~1ii --i ..,0", ~~~ 0 GioZ Z 2' " I I ::iN d ~; O:!; m ~i N !! ~ ~ " PI .. a 13 IUILIIIII,. I I I i p II P I P P I' I I I I I I I J I : I I i i I I II I i .. I l;j .. ~I :~ c i ;: ~I ~ i i i i i i i i i i i i i i ~ ~I !;; . ; . c i i i i i i i i i i i i i i i l . ! . t. .;;,Itl r U "'~h '~I! ; ~ll !it' W! i M ~jil .h I_~ i ii I t~. f i i . () o r ~ IJ ~'i -lr . If ~r~ -~I ; ~~ p~ I I "lilPS: ! tll~ I~I 1'1111 l Ie _I -Is lb.:! 11111 Ii h'~: ! I; II; Ii t!i I ! · I~ I I II ., i ! ii fs. ~,~:" ~~I .'{l i"- ~ J . . ~'i: , , 91 U l =j!bll ZONING EXHIBIT . ADDRfSSED CITY Of" ca.J.E"tWJ..E COWlllENTS , . @C@BaiRl, Hampton ot: 1IrDwn, Inc. Ii . R PE'R lION SSCJl;II SCHOOl. [NT ~~~ 9,8 MONTESSORI SCHOOL . REWiED PER MONTESSORI SCHOOl COWYEN1S - 0 - E"~n..rf"a ,. SurvllYfrllll1 i8 ."'........-. ~---....---- I hi Ilh~d 2 Rfl...CASED FOIl' IHTU... REVI(W 7 . .... ~ a.tJua Gordon M..-i School , RO rASfD fOIl INTrRttil Rf'WW 1 I . - - ...- ..... () lJlllIAI.1......1OAD NIl __ .... ... ... I ... 7/IM '-"" T_ Exhibit C - Conceptual Site Plan Colleyville Montessori Addition The Barbara Gordon Montessori School 15. Statement of Planning Objectives: The Barbara Gordon Montessori School has seen its enrollment expand during the last few years and has several students that wish to continue at the school through the upper elementary grades (Grades 4 through 6). To meet this need, the School needs additional land to add an Upper Elementary Classroom, two Lower Elementary Classrooms and to ultimately build the school in a campus-like design. As one can see from the concept plan, there is a great amount of open space, which will be used for playing fields, landscaped open areas, gardens, natural wooded areas and playgrounds. 16. Development Schedule: We intend to commence construction on the first classrooms in December 1999, with completion by July 2000. Further phases of construction should occur on annual basis after that. 17. Statement of Proposed Ownership: The Barbara Gordon Montessori School, a tax-exempt, SOl-c3 organization, will own the entire property. It currently owns the property containing the existing school. 18. Statement of Utilities to be Provided: Utilities are currently provided to the School and we intend to use those. I .---.. Exhibit 0 - Statement of Planning Objectives