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HomeMy WebLinkAboutOrdinances (Ordinance O-18-2064)-11/20/2018ORDINANCE 0-18-2064 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 4.369 ACRES, BEING TRACTS 2A01 & 2A02, ABSTRACT 1543, IN THE GEORGE W TEETER SURVEY, LOCATED AT 1309 GLADE ROAD, FROM THE AG AGRICULTURAL DISTRICT TO THE R-30 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 ZC18-023; 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 0-18-2064 Page 2 of 4 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 4.369 acres, being Tracts 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, from the AG Agricultural district to the R- 30 Single Family 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, and subject to the following conditions: 1. The dedication of Lot 11x within the Carmel Place subdivision as public right-of-way 2. The dedication and preservation of the open space and trees along Glade Road as presented 3. There will be no lots facing Glade Road 4. Installation of an eight foot cedar board -on -board fence with masonry columns on and along the eastern boundary 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. Ordinance 0-18-2064 Page 3 of 4 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 16th day of October 2018. The second reading and public hearing being conducted on the 20th day of November 2018. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 20TH DAY OF NOVEMBER 2018. Mayor Richard Newton Ave Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Ave Place 4, George Dodson Ave ATTEST: Christine Loven, TRMC City Secretary Mayor Pro Tern Bobby Lindamood Place 5, Chuck Kelley Place 6, Callie Rigney CITY OFF COOLLLEYVILLE ( \4� l tzytzEY Richard Newton Mayor Ave Aye Ave Ordinance 0-18-2064 Page 4 of 4 f-__,_ fir_ • f[ � �� LAIIIu1L r% LVIIII ILV. IYICIIJ 1105 110 312 to W5033 5012 5008 Z 5005 5 0 C CT N 5001 000 D R 1201 0 1308 1132 1301 I 5017 5016 9 5013 5012 5009 5008 5004 Y 5005 5001 5000 "� 4908 7 4905 4901 4904 4900 _� O 1405 5017 R 20 5o19 5016 5013 5013 3504 100 5012 1104 1108 1105 ABIN P 5009 5011 5009 5005 5005 5008 5001 1312 5004 1416 11121116112011241128 —R 1600 1117 1201 1205 1209 4916 1112 1108 I116 1213 4912 30 CAROL LN 4908 AG 4828 1117 1209 1309 1109 1113 4824 1200 4820 3112 1205 ' 1108 4816 NE 0� GpRRY LYN 1201 4812 1109 1213 1117 4808 3236 1300 1304 1308 — CHATSWORTH CT 1317 1 4900 1 1 4901 1 4900 1315 4808 1 1 4809 1 4808 4800 1 1 4801 I 4800 1313 I 4712 10�1 4713 I 4712 4708 11A 1 4709 1 4708 4612 1 1 4701 1 4700 4613 4616 G 4700 1213 4613 Q 1301 1305 130 I1313 AG 4608 4613 4612 4609 4612 4612 G 4609 Z 4605 4608 4608 4605 4604 1300 1304 1308 1312 4606 4609 4608 4601 4604 °° Y ZC18-023 COLLEYVILLE 1309 Glade Road T DISCLAIMER: This map and Informatlon contained In it were developed exclusively for use by the City of Colleyviile. Any use a reliance on this map by anyone else Is at that party's risk and without liability to the O Subject Property City of Colleyville, Its officials or employees for any discrepancies, enas, or variances which may exist. Exhibit "B"- Metes & Bounds Description Tract 1 — 4.3968 ACRES Being a tract of land out of George W. Teeter Survey, Abstract No. 1543 and situated in the City of Colleyville, Tarrant County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas in November 2017, said tract being a portion of the same tract of land described in the deed to Robert Gene Hubbard et ux, Peggy Hubbard recorded in Volume 4069, Page 406 in the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch steel rod found in the southerly right—of—way line of Glade Road (Co. Rd. 3036), said rod being in the northerly boundary line of "Tract No. 1" of said Hubbard Deed and also being the most northerly northwest corner of Lot 1, Block 1, Greener Acres, an addition to the City of Colleyville, Texas according to the plat thereof recorded in Cabinet A, Slide 4936 of the Plat Records of said County; Thence South 00 degrees 14 minutes 15 seconds East with the westerly boundary line of said Lot 1 a distance of 553.09 feet to a 1/2 inch "MILLER 5665" capped steel rod set for an inner corner thereof; Thence South 89 degrees 25 minutes 35 seconds West continuing with said westerly boundary line a distance of 58.10 feet to a 1/2 inch steel rod found for an outer point thereof; Thence South 00 degrees 12 minutes 14 seconds West continuing with said westerly boundary line a distance of 415.82 feet to a 1/2 inch steel rod found for the southwest corner of said Lot 1, said rod being in the northerly boundary line of Block 1, The Lakes of Somerset, an addition to the City of Colleyville, Texas according to the plat thereof recorded in Cabinet A, Slide 312 of said plat records; Thence North 89 degrees 46 minutes 39 seconds West with said northerly boundary line a distance of 151.92 feet to a point in a fence post found in the easterly boundary line of Carmel Place Estates, an addition to the City of Colleyville, Texas according to the plat thereof recorded as Instrument No. 0217142798 of the Official Public Records of said County; Thence North 01 degrees 25 minutes 38 seconds West with said easterly boundary line a distance of 985.17 feet to a cross in concrete set for the northwest corner of said Tract 1, said cross being in said southerly right—of—way line; Thence North 89 degrees 53 minutes 54 seconds East with the northerly boundary line of said Tract 1 and with said southerly right—of—way line a distance of 233.33 feet to the point of beginning and containing 4.3968 acres of land, more or less.