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HomeMy WebLinkAboutOrdinances (O-05-1525)-05/17/2005 ORDINANCE 0-05-1525 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 2.55 ACRES LOCATED AT 6112 AND 6115 HUNTER LANE, FROM THE AG-AGRICULTURAL DISTRICT AND R30 SINGLE FAMILY RESIDENTIAL 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 WHEREAS, an application for a zoning change was filed by C.L. Madden on March 17, 2005, under Case No. Z-05-011 ; 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 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 0-05-1525 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: Sec. 1. Sec. 2. See, 3. Sec. 4. See, 5, See, 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 and R30 Single Family Residential district to the R40 Single Family Residential district, as depicted in the attached Exhibit "A" and as described on 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 0-05-1525 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the~.g /r..e:L day of 2005. The econd reading and public hearing being conducted on the /j'/>>f day of -r>z":j 2005. CITY OF COLLEYVILLE 4) Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~~.~ Matthew C, G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION PROPOSED LOT 2R1 PROPOSED R-40 ZONING: The following described tract or parcel of land being a portion of Lot 2R, Block 1, Davis Place, an addition to the City of Colleyville, Tarrant County, Texas, according to the revised plat recorded in Cabinet A, Slide 2786, Plat Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the southwest corner of said Lot 2R, and being the northwest corner of Lot 3, said Block of said Davis Place and being in the east line of Hunter Lane; THENCE North 0 degrees 02 minutes 50 seconds East, with said east line of Hunter Lane, a distance of 13.32 feet to a point on a non-tangent curve to the left having a radius of 50 feet, a delta angle of 132 degrees 32 minutes 33 seconds, the long chord of which bears North 06 degrees 13 minutes 26 seconds West, a distance of 91,55 feet, said point being on the proposed right-of-way line of Hunter Lane; THENCE with proposed right-of-way line of Hunter Lane along said curve, a distance of 115,67 feet to a point in said east right-of-way line; THENCE North 0 degrees 02 minutes 50 seconds East, with said east right-of-way line, a distance of 40.33 feet to a point for corner; THENCE North 47 degrees 36 minutes 14 seconds East, a distance of 29.84 feet to point for corner; THENCE South 89 degrees 36 minutes 46 seconds East, a distance of 504,12 feet to a point for corner; THENSE South 0 degrees 00 minutes 14 seconds West, a distance of 105.00 feet to a point for corner; THENCE North 89 degrees 34 minutes 46 seconds West, a distance of 210.00 feet to an ell corner of said Lot 2R. THENCE South 0 degrees 01 minutes 40 seconds East, a distance of 59.80 feet to a point for corner; THENCE North 89 degrees 37 minutes 50 seconds West, along the north line of said Lot 3, a distance of 306.30 feet to the POINT OF BEGINNING. EXHIBIT B - METES AND BOUNDS DESCRIPTION PROPOSED LOT 1 R2 PROPOSED R-40 ZONING: The following described tract or parcel of land being a portion of Lot 1-R, Block 1, Jennings Estates, an addition to the City of Colleyville, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 6544, Plat Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 1-R, said point being in the southeasterly right-of-way line of the Fort Worth and Western Railroad; THENCE South 0 degrees 02 minutes 50 seconds West, along the west line of Lot 1, Block 1, Davis Place, as recorded in Volume 388-209, page 96 of said Plat Records, at 351.33 feet passing the southwest corner of said Lot 1 and the northwest corner of Lot 2R, Block 1, as recorded in Cabinet A, Slide 2786 of said Plat Records, continuing a total distance of 391.58 feet to a point on a non-tangent curve to the left having a radius of 50 feet, a delta angle of 67 degrees 08 minutes 57 seconds, the long chord of which bears South 73 degrees 55 minutes 49 seconds West a distance of 55.30 feet, said point being on the proposed right-of-way line of Hunter Lane; THENCE with proposed right-of-way line of Hunter Lane along said curve a distance of 58.60 feet to a point; THENCE North 65 degrees 52 minutes 19 seconds West, departing said proposed right-of-way line a distance of 59,02 feet to a point; THENCE North 04 degrees 34 minutes 22 seconds West, a distance of 266,36 feet to a point in said southeasterly railroad right-of-way. THENCE North 47 degrees 38 minutes 04 seconds East, along said railroad right-of- way line, a distance of 174.00 feet to the POINT OF BEGINNING.