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Home My WebLink AboutOrdinances (O-14-1924)-09/02/2014 ORDINANCE 0-14-1924 AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 13.09 ACRES OF TRACT A AND TRACT B, OF THE MCEWING SUBDIVISION AND A PORTION OF LOT A, OF THE GIACOMINI ADDITION, LOCATED AT 711, 715, AND 805 LAVACA TRAIL, FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC14-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the it Ordinance 0-14-1924 Page 2 of 3 Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 13.09 acres on Tract A and Tract B, of the McEwing Subdivision and a portion of Lot A, of the Giacomini Addition located at 711, 715, and 805 Lavaca Trail, from the R40- Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in the attached "Exhibit B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-14-1924 Page 3 of 3 Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 19th day of August 2014. The second reading and public hearing being conducted on the 2nd day of September 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the and, day of & Grh,(re/ 2014. ATTEST: CITY OF COLLEYVILLE ' Amy elley, T• C David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: i\tal 01 R. Matthew C. G. Boyle City Attorney r" ' Map d Zoning } y a �Exhibit "A' - s F v': I L ` d o LLiocation anx s . t° qr 'd .3. t p f Y w r , . b " � ' N84 s k ' f4. - n . 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'` zr'to i � so q,e .. i '.Atl n o $ s Q w 8 9 I YL Y ee. k.."4N "i�. • • Exhibit "B"- Metes and Bounds Description METES AND BOUNDS DESCRIPTION of the portion of the property currently zoned R-40, proposed for R-20: All of Tract A and Tract B of the McEwing Subdvision, recorded in Volume 388-29, Page 447, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and a portion of Lot A, Giacomini Addition, recorded in Cabinet A, Slide 6002, P.R.T.C.T. N 88°50'19" E 607.74 S 01°01'51" E 754.59 S 00°00'21" E 319.99 S 89°29'04" W 404.07 N 00°44'20" W 407.34 S 88°42'57" W 203.36 N 00°44'36" W 663.08 Containing 570,372 square feet, or 13.094 acres