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HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2036)-03/20/2018 WITHDRAWN BY APPLICANT MARCH 20, 2018 ORDINANCE 0-18-2036 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE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 5605 1501 1502 1504 1506 1508 1600 1602 1604 1606 5501 5312 5313 4- 0 ROYAL LN 1 5t09 5509 v 5408 5308 5309 Q �� 1501 1503 1505 1507 1509 1601 1603 1605 5406 Z 5407 cy 5404 W 5405 5304 5305 �Rcys 5319 4 T AG 5402 5403 5300 F- 5301 1205 5317 5305 5400 F- 5401 5301 lZ 5213 5216 1 O IV 5209 5305 R-20 4 5212 I 11608 1612 5205 5211ii ! \l 1AG 5208 \ 5209 /5204 5200 i _ ` _ 1704 1708 5204 ` 5205 5112 r 5129 5220U0 52011 1412 1500 1504 1508 1512 1600 1604 1608 1612 5108\/� 1?-415125 0 j 15125 15124 5104 1705 5121 5120 5121 Z 5117 5117 5116 5113 I O � 5113 5112 m 5108 R-40 5111 5100 1704 5109 _0 5109 5108 a 1609 AVALON w 5105 5104 5105 m 5104 5105 5016 0 DR w 5101 5100 5101 Q 5029 5025 ' ui- 1705 5025 5021 1 5020 R-20 5019 5100 _O 5101 5012 I ] LS u 5021 5017 5016 5017OC 1704 5017 5013 5016 5012 — 1700 5008 5013 5009 5013 5008 5005 5012 5013 5009 5004 5011 1504 5005 ( 5001 , 5004 1705 J 5001 5000 r 4905 5009 5008 5009 1704 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.