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HomeMy WebLinkAboutOrdinances (O-05-1522)-05/03/2005 ORDINANCE NO. 0-05-1522 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, 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 1.155 ACRES OUT OF THE S.C.H. WITTEN SURVEY, ABSTRACT 1619, FROM THE AG-AGRICUL TURAL DISTRICT TO THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE HEREAS, an application for a zoning change was filed by Thomas and Faye McCurry on March 4, 2005, under Case No. Z-05-009; and HEREAS, 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 HEREAS, 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 and designed to lessen congestion in the streets; 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, 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 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 Ordinance 0-05-1522 Page 2 of 3 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. OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS: ec.1. ec,2, Sec. 3, Sec. 4, Sec. 5, Sec. 6. Sec. 7. 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. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural district to the R40 Single Family Residential district, as depicted on the attached Exhibit "A" and as described in the attached Exhibit "B". 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. 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. 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. 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. 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. Ordinance 0-05-1522 Page 3 of 3 ND IT IS SO ORDERED. first reading and public hearing being conducted on the / ?W day of . 2005. reading and public hearing being conducted on the ~ d day of 2005. ynthia Singleton, TRMC ity Secretary PPROVED AS TO FORM AND LEGALITY: ~~.~ Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land situated in the S. C. H. Witten Survey, Abstract Number 1619, City of Colleyville, Tarrant County, Te.xas and being aU of that certain tract of land described to Eleow Hunt and Linda Hunt by instrument recorded in Volume 14720, Page 287. Deed Records of Tarrant County, Texas (DRTCT), said tract of land being more particulariy described by metes and bounds as follows: BEGINNING at a point in the westerly right-of-way line of Montclair Drive for the northeast comer of said Hunt tract and also being the southeast comer of that certain tract of land conveyed to Amin Chitsazan by instrument recorded in Volume 14915. Page 18, DRTCT; THENCE South 00014'54" East. along the common easterly line of said Hunt tract and said westerly right-of-way line. a distance of 180.01 feet to a point for the southeast comer of said Hunt tract; THENCE North 89Q31 '47" West, along the southerly line of said Hunt tract and joining the northerly line of Lot 1. Block 1. BARKE ADDITION, an addition to the City of Colleyville as recorded in Cabinet At Slide 3470, Plat Records of Tarrant County, Texas (PRTCT), a distance of 280.22 feet to a point in the easterly line of Lot 17, Block 1, MONTCLAIR PARC ADDITION, an addition to the City of Colleyville as recorded in Cabinet A. Slide 1194, PRTCT for the common southwest comer of said Hunt tract and the northwest comer of said Lot 1; THENCE North 00017'10" West. along the common westerly line of said Hunt tract and the easterly line of said lot 17 and Lot 16 in said Block 1 of MONTCLAIR PARC ADDITION, a distance of 179.13 feet to a point for the common northwest comer of said Hunt tract and the southwest comer of the aforementioned Chitsazan tract; THENCE South 89042'38" East, along the common northerly line of said Hunt tract and the southerly line of said Chitsazan tract, a distance of 280.33 feet to the POINT OF BEGINNING and CONTAINING 1.155 acres of land, more or less.