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HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-2001)-12/20/2016 ORDINANCE 0-16-2001 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.64 ACRES, ABSTRACT 206, TRACT 3A, IN THE BBB & C RY SURVEY LOCATED AT 5300 PLEASANT RUN ROAD, FROM THE AG- AGRICULTURAL DISTRICT TO THE CN-NEIGHBORHOOD COMMERCIAL 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 ZC16-019; 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 ,anew 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 0-16-2001 Page 2 of 4 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 I 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 0.64 acres of Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, located at 5300 Pleasant Run Road from the AG-Agricultural district to the CN-Neighborhood Commercial 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 0-16-2001 Page 3 of 4 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 6th day of December 2016. The second reading and public hearing being conducted on the 20th day of December 2016. PASSED AND APPROVED BY A VOTE OF 9- AYES, O NAYS, AND a ABSTENTIONS ON THIS THE 20TH DAY OF DECEMBER 2016. Mayor Richard NewtonMayor Pro Tern Chris Putnam "tt� Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Alit_ Place 6, Mike Taylor A1"<' Place 4, Jody Short _ AYTEST: OF COLLEYVILLE / A-ou-k) Arrivfihelley, RMC Richard Newton CttSecretary Mayor APPROVED TO FORM AND LEGALITY: itt L. Wyatt City Attorney Exhibit "A"- Zoning Map 815 woo I: Ef63 CE TRAL , R-20 5309 AG 817 6.,013 2 M c 2 815 W 5303 J a. 1 5300 AG Ellertmos 5228 1 5217 528'1 70 i Fi. .D C St 34. 48 Vicinity Map ?rt` ZC16-019 CQ1 YVILLE �, �, 5300 PLEASANT RUN ROAD • r-E*r.5 141111 Subject Property iH� � # ���J AG Agricultural Clan �'41— 1�'31_ 41 — �' -r CC-3 VillageRetail „, .s`±._ ■I ���, o CN Neighborhood Commercial 0 { 11 1 inch=83 fE t . PUD-C Planned Unit Development.Commercial -eri 1417111` R-20 Single Family Residential(20.000 sq.ft_min) Exhibit "B"- Metes & Bounds Description PROPERTY DESCRIPTION Being a tract of land situated in the B.B.B. and C. RAILROAD CO. SURVEY, Abstract No. 206, Torrent County, Texas, and being oil-thatcertain--tract of land described in deed to Ruth M. Venable.os.. recorded in Volume 7478, Page 1163, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNI -at-o—found 5/8—inch iron rod on the west line of Pleasant Run Road (50 foot right—of—way), said iron rod being the northeast corner of said Venable tract and being North 89 degrees 49 minutes 00 seconds East, a distance of 25.00 feet from the southeast corner of Ratliff Addition, an addition to the City of Colleyville, Tarrant County, Texas, according to the plot thereof recorded in Volume 388-132, Page 82, Plat Records, Tarrant County, Texas; THENCE South, a distance of 87.00 feet to the southeast corner of said Venable tract and being the on the west line of said Pleasant Run Road and being the northeast corner of a tract of land described in deed to D & V Walker Family Limited Partnership Number Two as recorded in Instrument No. 0204220691, of said Deed Records, from which a found 1/2—inch iron rod bears South 53 degrees 02 minutes 52 seconds West, 3.53 feet; THENCE South 89 degrees 49 minutes 00 seconds West, a distance of 320.00 feet to the southwest corner of said Venable tract and being on the north line of said Walker Family tract and being the southeast corner of Lot 3, Block 1 of Ratliff Addition, Second Filing, an addition to the City of Coffeyville, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-152, Page 57, Plat Records, Tarrant County, Texas; THENCE North, o distance of 87.00 feet to a fence corner at the northwest corner of said Venable tract and being on the east line of said Lot 3 and being the southwest corner of Lot 2, Block 1 of Ratliff Addition, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Slide 844, of said Plat Records; THENCE North 89 degrees 49 minutes 00 seconds East, passing the southeast corner of said Lot 2 and the southwest corner of aforesaid Lot 1 at 95.00 feet and passing the southeast corner of soid Lot 1 at 295.00 feet and continuing a total distance of 320.00 feet and containing 27,839 square feet or 0.639 of one acre of land. THIS IS TO DECLARE that on this date a survey was mode on the ground, under my direction and supervision of the above described tract of land, There are no visible conflicts, visible evidence of easements or rights—of—way, or protrusions, except as shown, and that this dote the easements, rights—of—way or other locatable matters of record of which the undersigned has knowledge or has been advised are as shown or noted hereon. The subject property does not appear to lie within the limits of a 100—year flood hazard zone according to the Map published by the Federal Emergency Management Agency, and has a Zone "X" Rating as shown by Map No. 4843900295 J. dated AUGUST 23, 2000. The statement that the property does or does not lie within a 100—year flood zone is not to be token as a representation that the property will or will not flood. This Survey is not to be used foe construction purposes and is for the exclusive use of Rattikin Title Company only and this survey is made pursuant to that one certain title commitment under the OF number 05-11085, provided by the title company named hereon.