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HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2046)-06/19/2018ORDINANCE 0-18-2046 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.84 ACRES, BEING A PORTION OF LOT 1, BLOCK 1, WESTCOAT ESTATE ADDITION, LOCATED AT 411 E. MCDONWELL SCHOOL 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 ZC18-011; 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 0-18-2046 Page 2of3 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 1.84 acres, being a portion of Lot 1, Block 1, Westcoat Estate Addition, located at 411 E. McDonwell School Road, from the AG Agricultural district to the R-40 Single Family Residential district, as depicted in the attached Exhibit "A" and Exhibit'13'. 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 ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-18-2046 Page 3 of 3 Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of June 2018. The second reading and public hearing being conducted on the 19th day of June 2018. PASSED AND APPROVED BY A VOTE OF 10 AYES, -0- NAYS, AND ABSTENTIONS ON THIS THE 19TH DAY OF JUNE 2018. Mayor Richard Newton Ptc_Mayor Pro Tern Bobby Lindamood AYE Place 1, Tammy Nakamura f_yi✓ _Place 5, Chuck Kelley C 5 - Place 2, Kathy Wheat lqqr, Place 6, Callie Rigney Place 4, George Dodson e: ATTEST: Christine Loven, TRMC City Secretary T OFnCOLLLEEYVILLE Richard Newton Mayor APPROVED,A$ TO FORM AND LEGALITY: VIAt'L. Wyatt ty Attorney Exhibit "A"- Zoning Map 506 6605 406 410 R� 504 6605 I I II 501 6504 411 AG 6500 6507 I_ AG C, T y ", ZC18-011 COP^LLEYL7 411 McDonwell School Road 7 DISCLAIMER: This map and Information contained in itwere developed exclusively for use by the City of Colleyvllle. Any use or reliance on this map by anyone else Is at that party's Oak and without liability to the City of Colleyville, Its officials or employees for any discrepancies, errors, or variances which may exist. Subject Property 6412 Exhibit "B"- Metes & Bounds Description WOOD ESTATES Legal Description: Wood Estates, being 1.844 acres located at 411 McDonwell School Rd, Colleyville, Tarrant County, Texas, situated in the O.C. Strum Survey, Abstract 1487, being a Replat of Wood Estates as recorded in Volume 388-215, Page 23. Plat Records of Tarrant County, Texas, and more particularly described by metes and bounds as follows: Beginning at a Point, said poinr being a 1/2" IR (fnd bent) for the NE corner of this tract, and being in McDonwell School Rd, a 60' r.c.w. thence S 0°37'10" W by land of Tom & Carol Campbell, Volume 10639, Page 2154, DRTCT, Lot 1, Cutter Ridge Eastates, Vol 388-176/ Pg 29, PRTCT,and by land of Stanley & Barbara Cook, Volume 9551, Page 1636, DRTCT, Lot 2, Cutter Ridge Estates, for 351.90' to a 4" wood post (fnd) ; thence S 89°50'44" W by land of Greystone Manor LP, D20601'0678, DRTCT, the Hiley Addition, Volume 388.159, Page 88. PRTCT, and generally along the line of a wire fence, for 228.71' to a 1/2" capped IR (fnd) ; thence N 0°00'00" E for 150.00' to a 1/2" capped IR (fnd): thence N 2°16'12" E for 201.86' to a 112" capped IR (fnd) ; thence N 89047'51" E for 224.52' along McDonwell School Rd to the 1/2" IR at the Point of Beginning , the Area being 1.844 Acres