HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2036)-03/20/2018 WITHDRAWN BY APPLICANT MARCH 20, 2018
ORDINANCE 0-18-2036
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 4.30 ACRES, BEING TRACTS 2D AND 2D3, ABSTRACT 233,
IN THE D R BLANTON SURVEY, LOCATED AT 5209 BLUEBONNET
DRIVE, FROM THE AG-AGRICULTURAL DISTRICT TO THE R-20 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 ZC17-017; 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
Regulations and Zoning Map, having given the requisite notices
Ordinance 0-18-2036
Page 2 of 3
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 4.30 acres, being Tracts 2D and 2D3,
Abstract 233, in the D R Blanton Survey, located at 5209
Bluebonnet Drive, from the AG Agricultural district to the R-20
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.
Ordinance 0-18-2036
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 20th day of March
2018.
The second reading and public hearing being conducted on the 3rd day of April
2018.
PASSED AND APPROVED BY A VOTE OF AYES, NAYS, AND
ABSTENTIONS ON THIS THE 3rd DAY OF APRIL 2018.
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
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt L. Wyatt
City Attorney
Exhibit "A"- Zoning Map
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4
`lZC17-017
1.COLLEYVILLE 5209 Bluebonnet Drive 1 `I
TEXAS I (-
DISCLAIMER: inis
This map and information contained in it were f-�
developed exclusively for use by the City of Colleyville. --,
/
Any use or reliance on this map by anyone else is / — —
at that party's risk and without liability to the Subject Property j• i t-r
City of Colleyville,its officials or employees for any
discrepancies,errors,or variances which may exist.
Exhibit "B"- Metes & Bounds Description
LEGAL DESCRIPTION
BEING a 4.3039 acre tract or parcel of land lying and being situated in the D.R.
BLANDON SURVEY, Abstract 233, in the City of Colleyville, Tarrant County, Texas and
being all of that tract of land described in deed to Vijaya Borra and Kiranmoi
Yalamanchili (hereinafter referred to as the Borra tract), recorded in Document No.
D213053730, of the Official Public Records of Tarrant county, Texas (O.P.R.T.C.T.); and
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found (Controlling Monument) for the northwest corner
of said Borra tract located on the apparent east right—of—way line of Blue Bonnet Drive
(no document found); said found iron rod being located 22.00 feet easterly of the
apparent centerline of said Blue Bonnet Drive; said found iron rod also being located
South 89 degrees minutes 21 seconds West, 8.00 feet from the southwest corner of
Crisp Addition, recorded in Volume 388-157, Page 20, Plat Records, Tarrant County,
Texas (P.R.T.C.T.);
THENCE North 89 degrees 53 minutes 21 seconds East, along the north line of said
Borra tract and the south line of said Crisp Addition, a distance of 1000.35 feet to a
1/2 inch iron rod found (Controlling Monument) for the northeast corner of said Borra
tract and the southeast corner of said Crisp Addition; said found iron rod also being on
the west line of a tract of land described in deed to Raymond H. Rogers et ux,
recorded in Volume 4248, Page 527, Deed Records, Tarrant County, Texas;
THENCE South 00 degrees 18 minutes 35 seconds East, along the east line of said
Borra tract and the west line of said Rogers tract, a distance of 186.93 feet to a 5/8
inch iron rod with cap marked `JDJR" set for the southeast corner of said Borra tract;
from said set iron rod a found 1/2 inch iron rod bears South 89 degrees 29 minutes
49 seconds West, 1.19 feet; said set iron rod also being on the north line of
Community Home Addition, recorded in Volume 388—R, Page 40, P.R.T.C.T.;
THENCE South 89 degrees 51 minutes 18 seconds West, along the south line of said
Borra tract and the north line of said Community Home Addition, a distance of 1002.34
feet to a 1 inch iron pipe found for the southwest corner of said Borra tract located
on the aforementioned apparent east right—of—way line of Blue Bonnet Drive;
THENCE North 00 degrees 18 minutes 00 seconds East, along the west line of said
Borra tract and said east right—of—way line, a distance of 187.53 feet to the Point of
Beginning and containing 4.3039 Acres (187,479 Square Feet) of land.