HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2021)-08/15/2017 DENIED BY CITY COUNCIL — AUGUST 15, 2017
ORDINANCE 0-17-2021
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 1.39 ACRES, BEING TRACT 1B1A, ABSTRACT 1038, AND
TRACT 2C2B, ABSTRACT 1674, BOTH IN THE HALL MEDLIN SURVEY,
LOCATED AT 600 JOHN MCCAIN ROAD, FROM THE R-40 SINGLE
FAMILY RESIDENTIAL DISTRICT TO THE R-30 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 ZC17-001; 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 0-17-2021
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 1.39 acres, being Tract 1B1A, Abstract
1038, and Tract 2C2B, Abstract 1674, both in the Hall Medlin
Survey, located at 600 John McCain Road, from the R-40 Single
Family Residential district to the R-30 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 violations
Ordinance 0-17-2021
Page 3 of 3
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 1st day of August
2017.
The second reading and public hearing being conducted on the 15th day of
August 2017.
PASSED AND APPROVED BY A VOTE OF AYES, NAYS, AND
ABSTENTIONS ON THIS THE 15TH DAY OF AUGUST 2017.
Mayor Richard Newton Mayor Pro Tern Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Nancy Coplen
Place 3, Kathy Wheat Place 6, Mike Taylor
Place 4, George Dodson
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC Richard Newton
City Secretary Mayor
APPROVED '0 FORM AND LEGALITY:
hitt L. Wyatt
City Attorney
Exhibit "A"- Zoning Map
7404 7400 • 7304
7409
PLEASANT PLEASANT PLEASANT E
PLEASANT PLEASANT•
RUN RUN RUN RUN RUN
—
7300 7300
PLEASANT PLEASANT
Iz 7302 RUN RUN
N PLEASANT
^ RUN
AG
zzI-
7200
n R-40
g ce PLEASANT / i "'
e RUN z
o�z
N cc
a
N.`` cc z z
a 8 a
u
of
o
R-40 ou
vs u
°°
og -i az
SOU ^�
cof a
z
mz z gz
OS S
in 0 Z IA
IA
Q g
600 JOHN 7101
MCCAIN PLEASANT
RUN
3OHN MCCAIN RD
6916
PLEASANT
RUN
7000 •
PLEASANT
Z z RUN R-40 z
o a '= it (
6909 qq z
=O
IA_u PLEASANT w t5 "r
c G �� RUN m co
6908 6905
PLEASANT PLEASANT PLEASANT
RUN RUN RUN
Y ZC17-001
COLLEYVILLE 600 JOHN MCCAIN ROAD Iit
r F h N'; II "_ 3" '1
DISCLAIMER: l—' ,1. .5.SVOLeinirr iilE -L
This map and information contained in it were i - ='}u
developed exclusively for use by the City of Colleyvilie. L - *1e 11 L. I G ''"M
Any use or reliance on this map by anyone else Is f i 4^mfg._
at that party's risk and without liability to the 1� Subject Property r' — ."" al
City of Coileyville,its officials or employees for any � ��
discrepancies,errors,or variances which may exist.
Exhibit "B"- Metes & Bounds Description
Being a tract of land out of the Robert Williams,Abstract No. 1674 and situated in the City of
Colleyville,Tarrant County,Texas,and surveyed by Miller Surveying, Inc.of Hurst,Texas in February
2017,said tract being the same tract of land described in the deed to Edward R.and Shearon A.
Mitchell recorded as Instrument No. D211125622 in the Deed Records of Tarrant County,Texas and
being more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch "MILLER 5665"capped steel rod set in the northerly right-of-way line of John
McCain Road,same being the southeast corner of Lot 4, Frazier Addition,an addition to the City of
Colleyville,Tarrant County,Texas according to the plat thereof recorded in Volume 388-117, Page 11 of the
Plat Records of Tarrant County,Texas;
Thence North 00 degrees 00 minutes 40 seconds East a distance of 249.73 feet to a 1/2 inch "MILLER 5665"
capped steel rod set for the northwest corner of said Mitchell tract;
Thence North 88 degrees 56 minutes 00 seconds East a distance of 260.91 feet to a 1/2 inch"MILLER 5665"
capped steel rod set in the westerly right-of-way line of Pleasant Run Road;
Thence South 08 degrees 28 minutes 32 seconds West with said westerly right-of-way line a distance of
213.71 feet to a 1/2 inch"MILLER 5665"capped steel rod set;
Thence South 39 degrees 35 minutes 39 seconds West continuing with said westerly right-of-way line a
distance of 43.96 feet to a 1/2 inch "MILLER 5665"capped steel rod set for the beginning of a curve to the
right with a radius of 37.50 feet and whose chord bears South 51 degrees 03 minutes 44 seconds West at
14.91 feet;
Thence with said curve along an arc length of 15.01 feet to a 1/2 inch"MILLER 5665"capped steel rod set in
said northerly right-of-way line;
Thence North 89 degrees 59 minutes 20 seconds West with said northerly right-of-way line a distance of
189.80 feet to a 1/2 inch"MILLER 5665" capped steel rod set to the point of beginning and containing 1.385
acres of land,more or less;