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Home My WebLink AboutOrdinances (ORDINANCE O-18-2048)-06/19/2018ORDINANCE 0-18-2048 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 12.038 ACRES, ON LOT 1, BLOCK 1, ALLZIM ACRES ADDITION, AND TRACT 2A7B, 2A8C, & 2A9A, ABSTRACT 533, IN THE MARY M. FREEMAN SURVEY, AND TRACT 411302, ABSTRACT 295, IN THE WILLIAM E. CROOKS SURVEY, LOCATED AT 7209 AND 7215 JOHN MCCAIN ROAD (THE "SUBJECT PROPERTY"), FROM THE AG - AGRICULTURAL AND R-20 SINGLE FAMILY RESIDENTIAL DISTRICTS TO THE AG -AGRICULTURAL AND R-20 SINGLE FAMILY RESIDENTIAL DISTRICTS; 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 ZC18-013; 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 Ordinance 0-18-2048 Page 2 of 4 EREAS, the Planning and Zoning Commission and the City Council have found that the characteristics of the Subject Property are such that the public interest, safety and general welfare are best served with the adoption of a subdivision platting requirement that any final plat(s) for the Subject Property shall contain a landscape and tree preservation easement, as further described herein. 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 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 12.038 acres, on Lot 1, Block 1, Allzim Acres Addition, and Tract 2A7B, 2A8C, & 2A9A, Abstract 533, in the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the William E. Crooks Survey, located at 7209 and 7215 John McCain Road (the "Subject Property"), from the AG -Agricultural and R-20 Single Family Residential districts to the AG - Agricultural and R-20 Single Family Residential districts, as depicted in the attached Exhibit "A" and Exhibit "B". Sec. 3. THAT any final plat filed for the Subject Property, or any portion thereof, shall provide for a minimum 30 foot wide landscape preservation/conservation easement along the western boundary and continuing along the northern boundary of the Subject Property, as further depicted in Exhibit "B". Any such Ordinance 0-18-2048 Page 3 of 4 plat shall contain a note describing the landscape preservation/conservation easement which shall be in conformance with all applicable landscape regulations, tree preservation regulations, and any other conditions required by the City Manager to ensure the landscape buffer within the landscape preservation/conservation easement will be developed, maintained and preserved in a manner that will ensure preservation of existing trees along adjacent properties are adequately buffered from any light and noise originating from the Subject Property as a result of the subdivision of the Subject Property. The foregoing tree preservation regulations shall include, at a minimum, a requirement that any tree removed from within the landscape easement shall be replaced with one or more trees sufficient to ensure the same number of caliper inches removed are replaced within the landscape preservation/conservation easement, or in a City park, or in a City right-of-way, at the discretion of the City Manager. Removal of trees shall be limited to those deemed "dead", "dying" or a "public safety concern" by the City arborist. Sec. 4. THAT the Subject Property 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. 5. 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. 6. 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. 7. 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 0-18-2048 Page 4 of 4 Sec.8. 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 19t" day of June 2018. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF JUNE 2018. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Ave Place 3, Kathy Wheat Ave Place 6, Callie Rigney Aye Place 4, George Dodson Aye ATTEST: J �rtJ��/`� Christine Lover, TRMC City Secretary CI OnF COLLEYVILLE a)N=0:s-- Richard Newton Mayor APPROVED ADO FORM AND LEGALITY: ,Whitt L. Wyatt City Attorney CAIIILIIL /A - LV111119 MCI 210 204 200 7303 300 298 R-40 304 1L 302 7315 7317 7301 7312 K 7313 7309 7313 7308 U — 205 R-20 7312 LLI-1Z 7309 AG 7309 AG 7217 7304 Q 7301 7308 7305 7305 7301 7213 7304 7 7300 0 7300 � 0 7301 L7207 nog X 7205 HA ROy 7208 L9 72LANE 09 Q 7205 20 7204 7200 7203 7201 7108 7109 7215 7316 116 730 AG 7300 R-40 7212 7204 AG 116 1 108 I 7105 AG 7109 YO 104 sot 7104 7100 STI ATE IR7189 404 117 113 109 105 101 202 206 210 400 PU -R 408 317 212 208 204 200 104 100 105 103 P401 PU U-R 412 WATERFALL COURT 203 7 �Q 213 409 405 305 301 217 213 209 205 201 105 101 7105 413 200 204 208 417 304 300 220 216 212 208 204 200 108 104 100 6901 201 � 0 ZC18-013 COLLEYVILLE 7209 and 7215 John McCain Road T DISCLAIMER: This map and Information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else Is at that party§ risk and without liability to the City of Colleyville, its officials or employees for any O Subject Property discrepancies, errors, or variances which may exist. Exhibit "B" —Zoning Exhibit }. 3 ! i ! F! e� 111 ,il• I lt.l t: A,l • j1 F,li- . . i File t• Nf! , , 3 Y'I !il! 3 lts�t IS i73 ! iF eQQg Fag;gyy� i;�;ll lli� t'�p3; 1i11` Sii! 3: t�l31 !i tl�l 3� !' I m,j li;3.! f£.F Ilfilii 11>l;l�lg=�g P hl I!r Yrlllio l !¢ il�jlYp lij l lal� !; ° n(il;Y 1 !r lE; aia' lial dl lllyl! l l''I li lit £llii�l .ijj i1i.Ili' fill tl iliil(l Si! i'(ir li I . F 8 ¢ ila3.l fia31 liliLrl Ili, IS ISi131 Ill llu=. 11 lit a: 1001 4 I dil Illl iil` =F � •� ¢s � i is CFI 41 r� sl ., III £- 5Y iY - i i i °•� \11 � i !l \ §:l 4 i