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