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
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CITY OF COLLEYVILLE
ynthia Singleton, TRMC
ity Secretary
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David Kelly L/ U
Mayor
PPROVED AS TO FORM AND LEGALITY:
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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.