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HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2014)-07/25/2017 ORDINANCE 0-17-2014 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.30 ACRES, TRACT 5A01, ABSTRACT 294, IN THE ROBERT CHOWNING SURVEY, LOCATED AT 6260 POOL ROAD, FROM THE AG-AGRICULTURAL DISTRICT TO THE R-40 SINGLE FAMILY RESIDENTIAL 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 ZC17-007; 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 I 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 0-17-2014 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 1.30 acres, Tract 5A01, Abstract 294, in the Robert Chowning Survey, located at 6260 Pool Road, from the AG-Agricultural district to the R-40 Single Family Residential 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. 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 Ordinance 0-17-2014 Page 3 of 3 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 11th day of July 2017. The second reading and public hearing being conducted on the 18th day of July 2017. PASSED AND APPROVED BY A VOTE OF 4 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 18TH DAY OF JULY 2017. Mayor Richard Newton kit- Mayor Pro Tern Bobby Lindamood � Place 1, Tammy Nakamura Place 5, Nancy Coplen 1llt.c. Place 3, Kelly Wheat ki.t. Place 6, Mike Taylor Yky� Place 4, George Dodson ATTEST: CITY OF COLLEYVILLE lb 40 Ak A helley,'MC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: '25 14k Whitt L. Wyatt City Attorney Exhibit "A"- Zoning Map 1 2513 • • ■ • 2508 6300 AG ` i 2509 t 1 BARBEFtRY 11 ( I L ▪ 1 1 25(15 I WM R-20 11• i rI Iu� • • )D7 ■ 6230 ■ I ■ 0 a )45 01 a• • lii ZOO 25(18 621D R-20 R-20 • R-20 i ROLLING HILLS HIGHL'AND'M ' 'DOWS ■ ■ t t Vicinity Map ZC 17-0Q7 ,��, 6260 POOL ROAD .l-mt,! [ M�R3 lirditirde0t E Subject Property ,m,,,,,00,_� ' `I^!Ei AG Agricultural -•■l = �t_ i3'l Mtivelnjainlere R-20 Single Family Residential(20,000 sq.IL min) i3Admi." i t I �It r il- 1 eclI I Properties outside the City Limit inn• 25 reel _1_ta City Limit 4,t DISCLAIMER:This map and ioformatoo contained in I were developed exclusively for use by the City of Coileyville. Any use or reliance on this map by anyone else is at that party's est and without liability to the City of Coffeyville.its officials cr employees for any discrepant es.e-rors,or vara-ces which may exist. Exhibit "B"- Metes & Bounds Description Legal Description Metes and bounds for 6260 Pool Rd, Colleyville, TX 76034 Being a tract of land out of the R. Chowning Survey, abstract no. 294, Tarrant Country, Texas, and being the same tract of land as described in deed recorded in county clerks No. D210265590, deed records, Tarrant county, Texas, and being described as follows: Beginning at a PK nail set in the west R.O.W. line of Pool Road for the northeast corner of tract being described, said point being the southeast corner of Lot 1, Block 1, Mockingbird Hill Addition, an addition to the city of Colleyville, Tarrant county, Texas, according to plat recorded in Cabinet A, Slide 8271, plat records, Tarrant county, Texas, said point being located in a curve to the right with a radius of 2040.00 Feet; Thence southeasterly along said R.O.W. and curve to the right of 180.10 feet to a capped iron pin (MOAK) found for the southeast corner of tract being described, whose chord bears 180.04 feet south 01 degrees 47 minutes 28 seconds east; Thence south 89 degrees 59 minutes 10 seconds west 7.79 feet to a 1/2" iron pin found for the northeast corner of Lot 2, said Block 1, Mockingbird Hill Addition in all 315.98 feet to a capped iron pin (MOAK) found for the southwest corner of tract being described, said point being the most southerly southeast corner of said Lot 1, Block 1, Mockingbird Hill Addition. Thence north 00 degrees 22 minutes 00 seconds east 180.03 feet along the east line of said Lot 1, Block 1, Mockingbird Hill Addition to a 5/8" iron pin found for corner of said Lot 1, Block 1, Mockingbird Hill Addition and for the northwest corner of tract being described: Thence east 309.17 feet along the south line of said Lot 1, Block 1, Mockingbird Hill Addition to the point of beginning and containing 1.286 acres of land, More or Less.