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Home My WebLink AboutOrdinances (ORDINANCE O-16-1995)-10/18/2016ORDINANCE 0-16-1995 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.82 ACRES, LOT 1R, BLOCK 1, OF THE O. MARTIN SUBDIVISION, LOCATED AT 5601 MONTCLAIR DRIVE, FROM THE R- 40 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-30 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, the City of Colleyville has received an application for rezoning under Case ZC16-017; 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 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 WHEREAS, 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 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 Ordinance 0-16-1995 Page 2 of 3 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. 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 0.82 acres Lot 1R, Block l, of the O. Marin Subdivision, located at 5601 Montclair Drive from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district, as depicted in the attached Exhibit "A" and Exhibit "B". 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. Ordinance 0-16-1995 Page 3 of 3 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. 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 3�d day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF (� AYES, O NAYS, AND a ABSTENTIONS ON THIS THE (�i�'t' DAY OF Oili4�btr 2016. Mayor Richard Newton �Mayor Pro Tem Chris Putnam � Place 1, Tammy Nakamura �,;�Place 5, Nancy Coplen � Place 2, Bobby Lindamood �Place 6, Mike Taylor � Place 4, Jody Short � ATTEST: CITY OF COLLEYVILLE � �� Am helley, RMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: �G��, � , f��' � I rl j City Attorney Exhibit "A"- Zoning Map saot 2iai zioa zio5 i zzoa z2 HALLJOHNSON 2109 5712 R-20 AG 13R-40 �� R-20 zoaa 2°13 2101 z2m 5708 Q 5dOP R-20 57R4 aeas ?304 5898 2308 � 5605 230U —_ -aou v � �MULBERRY 5�°` z R;20 - — `- R-20 � - - 2305 58D1 2301 23�5 58�� c907 RU�TH 5802 �,5,2 R-20 5513 R-40 5d°° FeoS E506 55�8 E611 � 550@ :a� R.2p i asoa Vicinity Map �,,` "� ZC16•017 .,.�, %^'� �'I 5 c COLL�LE 5601 MONTCLAIR DRIVE � �.,�- %'w � E�. �� '� 4� u� Legend .y_ �! .. e�Y e OSublcctProPerty s � - I inch = 125 f'eet � � r�. Exhibit "B"- Metes & Bounds Description Sb01 hiontclair Ilrive, F3cing I.at 1 R, in Black 1, of the O. 3vlartin Subdivision, ari Additioo Yo tl,e City ofCollcyvillc, Tazrnnt Counry•, Tesas, occording to the plat Ihc�of recorded in Clei�C's Filc No. d2t3D03961, uFtAe Plnt Reeoeds. OLTurrant County, Texas_ F3egianing a 1/2 insh iron pin Found at the South�aYst corner of Gnt 1 Ii, B1ock 1, Tbence Norih 89 degrees, 54 minules, 16 seconds �us't cuntiniung the disluncz of 2G I.41 fezt to a'/: inch iron pin £owid for nar[hwest eamer of Lot I R, in i3lock 1, "�ltence south UD debRees, 13 rninutes, 17 seconds West continuing tl�e distancc vf 137.8U fi;et lo a'/x inch iron pin found for the Northeast comer of L.ot llt, ]31ock 1, Thence South 89 degeees, S6 minntzs, 54 seconcls We3t continuing the dist�u�ce of 2GI.18 feet to tt %x inch �ron pin Pound for the Southeast comer uf T.ot 1R, Slock 1, T6ence NoRh 00 degrees, Oa rninutes, 2$ scconds West continuing the distanc�: of 137.6U fcet to tha point of beginning %s ineh imn pin tind containing .8?7 acres morc or less.