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Home My WebLink AboutOrdinances (ORDINANCE O-15-1956)-06/16/2015ORDINANCE 0-15-1956 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.9982 ACRES IN THE THOMAS J. POLSON SURVEY, ABSTRACT 1248, LOCATED AT 508 BLACK DRIVE, FROM THE R -40 - SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R -20 - 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, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC15-008; and 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 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 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 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 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 Ordinance 0-15-1956 Page 2 of 3 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 0.9982 acres in the Thomas J. Polson Survey, Abstract 1248, located at 508 Black Drive, from the R -40 - Single Family Residential zoning district to the R -20 -Single Family Residential zoning district, as depicted in the attached Exhibit "A", Exhibit' B", and Exhibit' C". 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. 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. Ordinance 0-15-1956 Page 3 of 3 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 2nd day of June 2015. The second reading and public hearing being conducted on the 16th day of June 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the IU -6 day of du ai.. 2015. ATTEST: Il iII' A 6 0 Am helley, T' MC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: 0.) R - Matthew C. G. Boyle City Attorney Exhibit "A"- Location and Zoning Map 305 309 304 300 308 1 4703 4701 PUD -R 4609 NIP 313 405 Subject Property 312 400 R-40 - LAC K D 305 4600 405 4813 508 4804 4800 4708 R-20 4604 509 //''��OG%T Y OF LLE l Y li Exhibit "B"- Metes & Bounds Description ALL that certain tract or parcel of land situated in the THOMAS J. POLSON SURVEY, Abstract No. 1248, Tarrant County, Texas and being that same tract described to Ronald Cimonetti as recorded in Instrument No. D205166316, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch steel rod found (control monument) at the southeast corner of said Cimonetti tract and being the southwest comer of Lot I, Block 1, Nicol Addition to the City of Colleyville, Tarrant County, Texas as recorded in Volume 388-135, Page 19, Plat Records, Tarrant County, Texas and also being in the north right-of-way line of Black Drive (a variable width right-of-way); THENCE North 87 degrees 45 minutes 21 seconds West (Bearing Source — TCS NAD83 Grid Data) with the south boundary line of said Cimonetti tract and said north right-of-way line, 253.59 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the southwest corner of said Cimonetti tract and being the southeast comer of that same tract described to Fairie Vonda Smith as recorded in Volume 6960, Page 2241 of said Deed Records from which a 3/8 inch steel rod found bears South 89 degrees 33 minutes 27 seconds West at 100.00 feet; THENCE North 01 degrees 10 minutes 33 seconds West with the west boundary line of said Cimonetti tract, 176.36 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the northwest corner of said tract and being the southwest comer of that same tract described to Roger S. and Linda D. Kelton as recorded in Volume 13072, Page 94 of said Deed Records; THENCE South 87 degrees 45 minutes 21 seconds East with the common boundary line of said Cimonetti tract and said Kelton tract, 240.39 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the northeast comer of said Cimonetti tract and being in the west boundary line of said Lot 1, Block 1, Nicol Addition: THENCE South 05 degrees 25 minutes 49 seconds East with the common boundary line of said Cimonetti tract and said Lot 1, 177.64 feet to the Place of Beginning and containing 0.9982 acre, more or less. Exhibit "C" — Zoning Exhibit 1411...40.31.Na\11,00rte•I ZN:RaoOED VICINITY MAP 1011.1.132 unes1Ia worm.' gST.FN 0111oaHD.tala ZONED: R-40 (how /Mama RwN CIn32 nn W►tl Cm1 CrAsN.. Tema mat 11!4]14]]6 0 -n..a +r w". ,w�°`..w�irsa�.i„m IlaKIEN lat ev.a avwar.t W o t a.dama. Ra.Ioarar1:fiaaemo VVYMnr..14 .�. Yr semarrlam rratl.u4v.r.rrnr,�w tY ea A 5 r a.yr n r....rr ra w Y a+w w.sr e, wae.>r..a ,rr....t IT.Yw.Ylv.4.eM4.I..re.tm yan.w ZONING EXHIBIT FUR ZONING CHANGE REQUEST FROM R4010 R20 BEIM; 0.9982 ACRE (43,482+/— SQ F7) IN 7716 THOMAS J. POI.. SON SURVEY, A.1240 AS DESCRIBED IN DEED TO RONALD CIAIONIcITI tacat—Ic4�.xmle men• me m.fA>l.. INSTRUMENT NO D205166316, MCI 1.David W.[reify tbal blfl plat rtpt.Nta artist aM llihousl ehhurala UUn)S. woau 6me w10e tnund hadf chat a .aY aWw, Won and all m.d.W awawuml. and my\r. Juon 34,,3l17 ea Y1 m .IA M 4vrAe01• aovNmro .HIL 11e puti16o4 dlt. ['try dfallrl, Ala t.d 11ne.pmal('aa: N tie louden. dee .Mhr. of mania •44::.4,3.11 Jv.. ea 173 a1.6 R1E.AWiNt3, THS 00CIM IITSHtl1 NOT OEAELOOMFO3MYA.f'05E 334• AItl f4W NOT MSEDO4VEIADASA Ril ARFEYOCW.EIR. LY.Y N. L7tt All f_ 44141,65 m� art Wrenn .0.W Ona+ wa Moak S , T!, Inc.tr YtyN7ew�i It p0,061N.1N amR°Ir4%aa I 1/03 al.110 x. f«.d.n n4.m I.n I -., •71a nil la». 1..x.7