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HomeMy WebLinkAboutOrdinances (O-04-1465)-06/15/2004 ORDINANCE 0-04-1465 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 10.1 ACRES OF LAND OUT OF THE R. N. McEWING SURVEY, ABSTRACT 1154, FROM THE R40 SINGLE-FAMILY RESIDENTIAL DISTRICT TO THE CC2- SHOPPING CENTER COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Realty Capital Corporation on April 20,2004, under Case No. Z-04-020; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and the metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the R40-Single-family Residential district to the CC2-Shopping Center Commercial district THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined 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. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. Ordinance 0-04-1465 Page 2 of 2 THAT 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. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /.s,.C day of -fl,~ 2004. T'4:econd reading and public hearing being conducted on the /s':lJf day of t7 )l""'-- 2004 11~~~ Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: ?f!~ Ross T. Foster City Attorney EXHIBIT A - ZONING MAP .10 .~...._.......- -'-"'-'~"" .....,~_.- i i 1101 II) lOll al EXHIBIT B - METES AND BOUNDS DESCRIPTION Legal Description Being a tract ofland situated in the R. N. McEwing Survey, Abstract No. 1154 jn the City ofColleyville, Tarrant County, Texas, said tract of land being a portion ofa parcel ofland deeded to The Doyle and Mary Evelyn McIntosh Family, L.P. as described in Volume 15773, Page 268 of the Deed Records of Tarrant County, Texas, said tract of land being described as follows: BEGINNING at a found 5/8 inch, aluminum capped rebar, stamped "Texas Department of Transportation" at the northeast corner of a parcel ofland deeded to the State of Texas as described in Volume 12013. Page 178 of said Deed Records. said found 5/8 inch, aluminum capped rebar also being on the East right-of-way line ofF.M. Highway 3029 (Precinct Line Road), and being, by deed call. approximately 63 feet East and SOUTH 00 degrees 30 minutes 00 seconds EAST, a distance of971 feet from the northwest corner of said R. N. McEwing Survey; THENCE THENCE THENCE THENCE THENCE THENCE NORTH 89 degrees 55 minutes 00 seconds EAST. along the North line of said parcel ofland deeded to The Doyle and Mary Evelyn McIntosh Family. L.P.. a distance of756.76 feet to a set 5/8 inch aluminum capped rebarstamped "JPH LAND SURVEYING"; SOUTH 03 degrees 47 minutes 13 seconds WEST. along the West line of a parcel of land deeded to Raman L, Chandler as described in Volume 15673, Page 247 of said Deed Records. a distance of603.20 feet to a found 5/8 inch rebar at the southwest corner of said parcel of land deeded to Raman L. Chandler, said found 5/8 inch rebar also being on the North line of Lavaca Trail; SOUTH 89 degrees 55 minutes 00 seconds WEST. along the North line of Lavaca Trail. a distance of 688.29 feet to a found Texas Department of Transportation brass disk in concrete at the southeast corner of said parcel of land deeded to the State of Texas; NORTH 45 degrees 04 minutes 36 seconds WEST, along tbe northeasterly line of said parcel ofland deeded to the State of Texas, a distance of35.33 feet to a found Texas Department of Transportation brass disk in concrete on the East line of said F.M. Highway 3029; NORTH 00 degrees 15 minutes 26 seconds WEST, along the East line of said parcel ofIand deeded to the State of Texas and along the East right- of-way line of said F.M. Highway 3029, a distance of468,03 feet to a found Texas Department of Transportation brass disk in concrete at the beginning of a tangent curve, concave westerly, having a radius of 5789.58 feet; Northerly. along said tangent curve, along said parcel ofland deeded to the State of Texas and along the East right-of-way line of said F.M. Highway 3029, an arc length of 108.82 feet to the POINT OF BEGINNING. containing If . 41 acres.