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HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-1994)-10/18/2016ORDINANCE 0-16-1994 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 6.48 ACRES, LOT 2, BLOCK 1, OF THE MORRIS ADDITION, LOCATED AT 7201 PLEASANT RUN ROAD, FROM THE AG- AGRICULTURAL ZONING DISTRICT TO THE R-40 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 ZC16-014; 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 0-16-1994 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 6.48 acres Lot 2, Block 1 of the Morris Addition, located at 7201 Pleasant Run Road from the AG- Agricultural zoning district to the R-40 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 0-16-1994 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 (P AYES, d NAYS, AND a ABSTENTIONS ON THIS THE IS� DAY OF �b�C� 2016. Mayor Richard Newton ti Mayor Pro Tem Chris Putnam � Place 1, Tammy Nakamura 1-Place 5, Nancy Coplen _A�ti Place 2, Bobby Lindamood ALi�Place 6, Mike Taylor �� Place 4, Jody Short �i � A`TTEST: Amy elley, TR C City Secretary CI OF COLLEYVILLE \ I I """� Richard Newton Mayor APPROVED AS TO FORM AND LEGALITY: � . . Qeh t, ,�fav f City Attorney Exhibit "A"- Zoning Map Exhibit "B"- Metes & Bounds Description LEGALDESCRIPTION BEING 6.480 ACRE TRACT OF LAND LOCATED IN HALL MEDLIN SURVEY, ABSTRACT NO. 1038, TARRANT COUNTY, TEXAS, AND BEING LOT 2, BLOCK 1, OF MORRIS ADDITION, AN ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS AS RECORDED IN CABINET A, SLIDE 2145, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND AS CONVEYED TO STEPHEN MORRIS BY DEED RECORDED IN INSTRUMENT NUMBER D211236717, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 1/2 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 2, IN EAST RIGHT-OF-WAY LINE OF PLEASANT RUN ROAD (VARIABLE WIDTH RIGHT-OF- WAY); THENCE SOUTH 85 DEGREES, 39 MINUTES, 27 SECONDS EAST, 386.39 FEET WITH THE COMMON LINE OF SAID LOT 2, AND LOT 1, BLOCK 1, HARRISON ESTATES, AS RECORDED IN CABINET B, SLIDE 526, OF SAID PLAT RECORDS, TO A 1/2 INCH IRON FOUND FOR THE NORTHEAST CORNER OF SAID LOT2; THENCE SOUTH 00 DEGREES, 14 MINUTES, 00 SECONDS WEST, 660.85 FEET WITH THE EAST LINE OF SAID LOT 2, AND THE WEST LINE OF SAID LOT 1, TO THE SOUTH EAST CORNER OF SAID LOT 1, AND THE NORTHEAST CORNER OF LOT 2, BLOCK 1, OF SAID MORRIS ADDITION IN THE WEST LINE OF SAID LOT 1, HARRISON ESTATE; THENCE NORTH 89 DEGREES, 15 MINUTES, 14 SECONDS WEST, 458.31 FEET WITH THE COMMON LINE OF LOT 1, AND LOT 2, OF SAID MORRIS ADDITION TO A 1/2 INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE OF SAID PLEASANT RUN ROAD; THENCE NORTH 08 DEGREES, 38 MINUTES, 58 SECONDS EAST, 85.04 FEET WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH 06 DEGREES, 38 MINUTES, 51 SECONDS EAST, 246.80 FEET WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH OS DEGREES 31 MINUTES, 22 SECONDS EAST, 356.57 FEET WITH THE COMMON LINE OF SAID LOT 2, AND SAID PLEASANT RUN ROAD TO THE PLACE OF BEGINNING AND CONTAINING 282,271 SQUARE FEET OR 6.480 ACRES OF LAND, MORE OR LESS.