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HomeMy WebLinkAboutOrdinances (O-09-1733)-12/01/2009ORDINANCE 0-09-1733 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.5 ACRES ON A PORTION OF LOT 2R, BLOCK 1, OF THE BRIAR CREEK ESTATES ADDITION FROM THE AG-AGRICULTURAL TO R40-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC09-012; 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 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 Ordinance 0-09-1733 Page2of3 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 of 0.5 acres portion of Lot 2R, Block 1, Briar Creek Estates Addition from the AG- Agricultural zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" labeled Location and Zoning Map and described in the attached Exhibit "B" labeled Metes and Bounds Description. 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 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. Ordinance 0-09-1733 Page3of3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the e 2009. The cond reading and public hearing being conducted on the ~~~~~~~ 2009. ATTEST: ll ~ ~J Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ~~"~? day of /~~ day of CITY OF COLLEYVILLE /~ l David Kelly Mayor EXHIBIT "A"- Location and Zoning Map 304 7303 7 7248 7208 72(37 73{}2 7341 AG 72x9 AG AG 72D0 7240 7207 Site 7204 7245 R40 7202 7243 7112 7240 7201 SOfi 508 512 7102 PU R 7103 ~'~ 40~i ,, ~ . ~'~ ~ X40 ~'~ 1 aa4 7140 7901 PUD~ AG 7oas lto~ ~o~ 7001 40s 7044 Sts 7440 7901 Exhibit "B"- Metes and Bounds Description FIEELD F~1l~TE 1rESCRIPTIU~T FC1R THAT PORTIC}~ C3F LUT 2R ~ITUATEI~ Il~ ZONING s`AG" ALL of that certain tract or parcel. of land situated in the ~6'. E. CROOKS SLJItti'E~•, ABSTRACT [?. 295 and the R B_ ~TLLIAld+1S SURVEY, ABSTRACT NO. 174, Tarrant County;, Texas and being Lot 2R, B1ock 1, BRIAR CREEK ESTATES,. an Addition to the City of Colley~-ille, Tarraait County, Texas as recorded iu Cabinet A, Aide 171$ of the Plat Records, Tarraxit County, Texas and being wore particularly described lay metes and bounds as fbllo~~s: BEGII`r1NING at a laJ2 inch steel rod f+~und for the southeast corner of said Lot 2R, being the svuthraest comer of Lot 1R of said Block 1, also being irx the apparent northerly right-of-way line of John McCain. Road (a vvariable width rght-~f-~~ay): THEZ'CE ?°lzartlr 89 degrees 55 minutes 17 seconds Vest t~~ith said northery right-of-~~~ay line,. 156.86 feet tc~ a li`2 inch crapped steel rod stamped "MOAK SURV INC" set fear the southwest comer of proposed Lot 2R.2f THENCE Forth (30 degrees i34 minutes 43 seconds East departing said right-of-~,vay and ~~-ii~ the westerl}• taoamdary line of said Lot. ?R'?, 64.(313 feet to a lt2 inch capped steel rod stamped ``MOAK SUR.V INC" set; THEI`~CE I`~orth 52 degrees 45 tni.nutzs 04 seconds East c©ntinung witlx said 3~esterly loundary line., l~a~.(73 feet to a 1,~2 inch capped steel. rod stamped "MOAK SURV INC" set; TI~CE North 41 degrees 59 minutes ~ seconds Nest continuitg with said ~~ esterly boundary line, 87.47 feet to a 11'2 inch capped steel rod stamped "MOAK SURV IIwIC" set;. TFiEI'~CE lVcr~ 43 degrees 33 minutes 2 4 seconds hest coutinung with said ~~-esterl~• boundary line, 62._64 feet to a 112 inch capped steel rod tanxped "MOAK SLTRV LAIC" set; THEI'CE Forth 43 degrees. 15 minutes 44 seconds East continuirg with said westerly boundary line, 214.94 feet to a l ~'2 inch steel read foturd for the northeast comer of said proposed Lot 2R1; THENCE South 43 degrees 33 minutes 4 seconds East, at 29{3.41 feet passing a l~'2 inch capped steel and stamped "M~AK SURV INC"' found for the northwest corner of said Lot 1R and continuing with the westerly boundary line afraid Lot lR, ua all 272.44 feet to a l~2 inch capped steel rod stamped t`MOAK SG'RV II~C" found; T'HEI~CE Srauth 41 degrees 59 minutes ?4 seconds East continuing with said. westerly boundary line 247.33 feet to the place of beginning and containing 4.5645 acres of land, (?4,588 sq_ ft-~ rtacare or less..