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HomeMy WebLinkAboutOrdinances (O-14-1935)-10/21/2014 • ORDINANCE 0-14-1935 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 2.56 ACRES ON TRACTS 2A & 2A1A, ABSTRACT 233, OF THE D. R. BLANTON SURVEY, LOCATED AT 5101 BLUEBONNET DRIVE, FROM THE R-40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-30-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 ZC14-021; 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 Charter of the City of Colleyville, and State Law with reference Ordinance 0-14-1935 Page 2 of 3 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 2.56 acres on Tracts 2A & 2A1A, Abstract 233, of the D. R. Blanton Survey, located at 5101 Bluebonnet Drive, from the R-40-Single Family Residential zoning district to the R-30-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and 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 0-14-1935 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 6th day of October 2014. The second reading and public hearing being conducted on the 21st day of October 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of GYber 2014. A'IRI'EST: CITY OF COLLEYVILLE Arm •helley, RMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: NcsA 1°1 R Matthew C. G. Boyle City Attorney Exhibit "A"- Location and Zoning Map �r � r � � •. * k. e ft1l. .— a: saga S55 tL4 t2Cd al3 Subject Prope 3 �_ � s�.a2 t - ats aU j a „' D� s ��' � _'s f'i 4ry' SEi ', n ' .,.•;•,..1t:,..7-.1'2:.;'.1,:..:4.•ei.:,'..,•,`.,,:,:...:•""....,:',.:.;::.,::,,,.,.:,....,,,,...,,,,,.:,,. , , ;,, ,,,;,!,,,m: , ., , , , a3 Exhibit "B"- Metes & Bounds Description BEING A TRACT OF LAND OUT OF THE D.R. BLANTON SURVEY, ABSTRACT NO. 233TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 2410, PAGE 289,DEED RECORDS,TARRANT COUNTY,TEXAS,BEGINNING AT CAPPED IRON PIN(MOAK)FOUND IN THE SOUTH R.O.W. LINE OF CHERRY AVENUE FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF LOT 10, COMMUNITY HOME ADDITION, AN ADDITION TO THE CITY OF COLLEYVILLE,TARRANT COUNTY,TEXAS,ACCORDING TO PLAT RECORDED IN VOLUME 388-R, PAGE 40, PLAT RECORDS,TARRANT COUNTY,TEXAS;THENCE SOUTH 00 DEGREES 31 MINUTES 23 SECONDS WEST 239.11 FEET ALONG THE WEST LINE OF LOTS 10 AND 11, SAID COMMUNITY HOME ADDITION TO A CAPPED IRON PIN (MOAK) FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED,SAID POINT BEING THE NORTHEAST CORNER OF LOT 1,BLOCK 1,TURNER ADDITION,AN ADDITION TO THE CITY OF COLLEYVILLE,TARRANT COUNTY,TEXAS,ACCORDING TO PLAT RECORDED IN VOLUME 388-207; PAGE 73,PLAT RECORDS,TARRANT COUNTY,TEXAS; THENCE NORTH 89 DEGREES 53 MINUTES 20 SECONDS WEST 461.84 FEET ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1,TURNER ADDITION TO A CAPPED IRON PIN'(MOAK)FOUND IN THE EAST UNE OF BLUEBONNET DRIVE.FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED;THENCE NORTH 00 DEGREES 19 MINUTES 09 SECONDS EAST'243.94 FEET ALONG THE EAST.LINE OF SAID BLUEBONNET DRIVE TO A CAPPED IRON PIN (MOAK) FOUND IN THE SOUTH R.O.W.-LINE OF SAID CHERRY AVENUE FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 17 MINUTES 24 SECONDS WEST 462.70 FEET ALONG SAID R.O.W.TO THE POINT OF BEGINNING AND CONTAINING 2.56 ACRES OF LAND,MORE OR LESS