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HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2049)-06/19/2018ORDINANCE 0-18-2049 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.941 ACRES, BEING TRACTS 1B & 1B1A, ABSTRACT 294, IN THE ROBERT CHOWNING SURVEY, LOCATED AT 6900 POOL ROAD, FROM THE AG -AGRICULTURAL DISTRICT TO THE RE SINGLE FAMILY ,ESTATE, 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 ZC18-014; 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 0-18-2049 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 1.941 acres, being Tracts 1B & 1131A, Abstract 294, in the Robert Chowning Survey, located at 6900 Pool Road, from the AG -Agricultural district to the RE Single Family Estate' 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. 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 0-18-2049 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 & AYES, Z NAYS, AND C7 ABSTENTIONS ON THIS THE 19TH DAY OF DUNE 2018. Mayor Richard Newton Mayor Pro Tern Bobby Lindamood � 1 Place 1, Tammy Nakamura &��Place 5, Chuck Kelley R (&-L6& Place 3, Kathy Wheat (Place 6, Callie Rigney v — Place 4, George Dodson ATTEST k G1 V OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVA) S TO FORM AND LEGALITY: t'L. Wyatt Attorney j 2505 2417 AG "xlllurL M —A—VIIIIJU Ina 6900 AG 2502 I 2504 I 2506 I 2508 I 2600 I 2602 I 2604 I 2606 TWELVE OAKS LANE 2503 I 2505 I 2507 I 2509 I 2601 1 2603 I 2605 I 2607 1 Y ZC18-014 COLLEYVILLE 6900 Pool Road 14,n ,f� TIX As h l Ilcr DISCLAIMER r This map and information contained lnflwere r,it���i developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is !)I at that party's risk and without liability to the O j�,s1 (t'-1-i Subject p CRY of Colleyvllle, its officials or employees for a ny Property f discrepancies, errors, or variances which may exist. Exhibit "B"- Metes & Bounds Description BEING a tract of land situated in the R. Chowning Survey. Abstract No. 294. Tarrant Comity, Texas, and being that same tract of land described to Casey Owen Cero by deed recorded in Document No. D216256033 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows (Bearings mid distances are based on the West line of that tract of laud described to The City of Colleyville by deed recorded in Volume 124581 Page 1781, Official Public Records, Tarrant Comity, Texas. (South 00027'16" East)): BEGINNING at a 1/2 inch rebar with a cap stamped "ASCII set for the Northeast comer of Lot 1, Block 1 of Ross Downs Estates, an addition to the City of Colleyville, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet A, Page 675 of the Plat Records of Tarrant Comity, Texas, same being the Southeast comer of said Cero tract and being the Southwest comer of a tract of land described to the City of Colleyville by deed recorded in Volume 12458, Page 1781 of the Official Public Records of Tantrum County, Texas, and lying on the current West right-oPway line of Pool Road (variable width right-of-way); THENCE South 89 Degrees 26 Minutes 41 Seconds West, departing the current West right-of-way Ime of said Pool Road, with the North line of said Block 1, a distance of 364.01 feet to a 1/2 inch rebar with a cap stamped "ASCII set for the Southwest comer of said Cero tract and the westennnost Southeast comer of a tract of land described to Herbert Elmer Losey by deed recorded in Voline 4371. Page 212 of die Official Public Records of Tarimt Comity, Texas; THENCE North 00 Degrees 36 Minutes 41 Seconds East, with the westernmost East line of said Lamy tract, a distance of 192.30 feet to a 112 inch rebar with a cap stamped "ASCII set for the Southwest comer of "Tract I" of that same tract of land described to Herbert Elmer Losey and wife, Joan Losey by deed recorded in Volume 4728, Page 477 of the Official Public Records of Tarrant County, Texas; THENCE North 62 Degrees 07 Minutes 52 Seconds East, with the Southeast lire of said "Tract 1", mid a Southeast line of said fast -referenced Losey tract, a distance of 173.99 feet to a 1/2 inch rebar with a cap stamped "ASCII set for corner at an interior "ell" come of said fist -referenced Losey tract; THENCE South 70 Degrees 38 Minutes 35 Seconds East, with a Southwest line of said lust -referenced Losey tract, and with the Southwest fine of "Tract 2" of said second -referenced Losey tract, a distance of 218.68 feet to a 1/2 inch rebar with a cap stamped "ASCII for the Northwest comer of said City of Colleyville tract, same being the Northeast comer of said Cero tract, mid lying on the current West right-of-way line of said Pool Road: THENCE South 00 Degrees 27 Minutes 16 Seconds East, with the West line of said City of Colleyville tract. and with the current West rigtmt-of-way line of said Pool Road, a distance of 124.39 feet to an WI set in concrete for come: THENCE South 00 Degrees 38 Minutes 46 Seconds East, coutiming with the West line of said City of Colleyville tract and with the curreat West right -of --way line of said Pool Road, a distance of 73.23 feet to the POINT OF BEGINNING mid containing 84.533 square feet or 1.941 acres of Lind, more or less.