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HomeMy WebLinkAboutOrdinances (O-06-1568)-03/21/2006 ORDINANCE 0-06-1568 N ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND HANGING THE ZONING OF APPROXIMATELY 5.6 ACRES OUT OF THE S.C.H. ITTEN SURVEY, A-1740, FROM THE AG-AGRICULTURAL DISTRICT AND THE 40-SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R20-SINGLE FAMILY ESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND UTHORIZING PUBLICATION an application for a zoning change was filed by the City of Colleyville and Mr. David Staley on February 1, 2006, under Case No. Z-06-002; 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 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 and 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, to 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 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. Ordinance 0-06-1568 Page 2 of 3 OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS: Sec. 5. Sec. 6. Sec. 7. Sec. 8. 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 on a 5.6 acre parcel of land situated in the S.C.H. Witten Survey, Abstract 1740, from the AG-Agricultural zoning district and the R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. 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 0-06-1568 Page 3 of 3 ND IT IS SO ORDERED. first reading and public hearing being conducted on the 2006. reading and public hearing being conducted on the ~ ~ day of 2006. 77! day of .~ CITY OF COLLEYVILLE ynthia Singleton, TRMC ity Secretary tbtk4~ David Kelly L/ U Mayor PPROVED AS TO FORM AND LEGALITY: ~ lj). ~" Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map O.e.Taylor Elem AG - - R40 .- - AG I- o Exhibit B - Metes and Bounds Description Whereas we, David Staley, Capitalcorp, Inc. and the City of Colleyville, Texas, are the owners of a 5.567 acre tract or parcel of land situated in the S.C.H. Witten Survey, Abstract No. 1740, City of Colleyville, Tarrant County, Texas and being all of Lot 1 R, Block 1, S.C.H. Witten Estates Addition, an addition to the City of Colleyville, Texas, according to the plat thereof, recorded in Cabinet A, Slide 2161, Plat Records, Tarrant County, Texas, and also being all of that certain 0.721 acre tract conveyed to David C. Staley by deed recorded under Document No. D205339893 and all those certain 2.11 and 0.925 acre tracts conveyed to Capitalcorp, Inc., a Texas corporation by deeds recorded under Document Nos. D205346673 & D205339895, all in the Deed Records, Tarrant County, Texas, said 5.567 acre tract being more particularly described by metes and bounds as follows: BEGINNING at 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner in the west right of way line of Pool Road (variable width right of way - 28.0 feet to centerline at this point), same point being the northeast corner of the aforementioned 2.11 acre Capitalcorp Tract; THENCE, along the west right of way line of said Pool Road the following six courses: South, a distance of 74.45 feet to a 3/8-inch steel rod found for corner; West, a distance of 3.00 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner, same point being the beginning of a curve to the right having a radius of 665.00 feet, a tangent of 10.58 feet and a long chord that bears South 00 degrees 32 minutes 15 seconds West, a distance of 21 .16 feet; Southwesterly, along said curve to the right, through a central angle of 01 degree 49 minutes 25 seconds, an arc length of 21.17 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner; South 01 degree 51 minutes 22 seconds West, a distance of 1 02.68 feet to a ~-inch steel rod found for corner, same point being the beginning of a curve to the left having a radius of 735.00 feet, a tangent of 11.74 feet and a long chord that bears South 00 degrees 56 minutes 27 seconds West, a distance of 23.50 feet; Southwesterly, along said curve to the left, through a central angle of 01 degree 49 minutes 50 seconds, an arc length of 23.50 feet to a 3/8-inche steel rod found for corner; South 00 degrees 01 minute 24 seconds East, a distance of 110.06 feet to a 5/8-inche steel rod with plastic cap stamped "JDJR" set for corner, said point being the southeast corner of the aforementioned 0.924 acre Capitalcorp Tract; THENCE, South 88 degrees 54 minutes 04 seconds West, departing the west right of way line of said Pool Road, and along the south line of said 0.924 acre Capitalcorp Tract, a distance of 15.00 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner in the west of way line of said Pool Road (50.0 feet to centerline at this point), said point being the northeast corner of the aforementioned Lot 1 R, Block 1; THENCE, South 88 degrees 54 minutes 28 seconds West, along the south line of said Lot 1 R, a distance of 476.58 feet to a 5/8-inch steel rod found for corner in the east line of Lot 1, Block 1, Pleasant Glade Assembly of God Addition, an addition to the City of Colleyville, according to the plat recorded in Cabinet A, Slide 179, Plat Records, Tarrant County, Texas, said point being the southwest corner of said Lot 1 R; THENCE, North 00 degrees 06 minutes 48 seconds West, along the east line of said Lot 1, Block 1, Pleasant Glade Tract, a distance of 495.56 feet to a 3/8-inch steel rod found for corner in the south line of Lot 1, Block 1, Pool Road Elementary School Addition, an addition to the City of Colleyville, according to the plat recorded in Volume 388-201, Page 5, Plat Records, Tarrant County, Texas, said point being the northwest corner of the aforementioned 0.721 acre David Staley Tract; THENCE, North 88 degrees 43 minutes 54 seconds East along the south line of said Lot 1, Blcok1, Pool Road Elementary School Addition, at 487.39 feet pass the southeast corner of said Lot 1, and continuing along the north line of said 2.111 acre Capitalcorp Tract, a total distance of 499.39 feet to the PLACE OF BEGINNING. CONTAINING a computed area of 242,476 square feet or 5.567 acres of land.