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HomeMy WebLinkAboutOrdinances (O-99-1163)-12/31/1999 ORDINANCE 0-99-1163 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 11.803 ACRES OUT OF THE J. L. LOONEY SURVEY, ABSTRACT 936, FROM THE PUD-R TO R-40 SINGLE FAMILY RESIDENTIAL; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Ross Calhoun, agent for the property owner, on March 12, 1999 under Case No. Z-99-024; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the Planning and Zoning Commission has recommended approval of the rezoning request as presented; and WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated on Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas. Sec. 2. THAT the property containing 11.803 acres described by metes and bounds on the attached Exhibit 8, is hereby rezoned from PUD-R to R-40 Single Family Residential. Ordi'nance 0-99-1163 Page 2 of 4 Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1999. day of The second reading and public hearing being conducted on the ,1999. day of ATTEST: CITY OF COLLEYVILLE Jean Harris, CMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney J IB) vD!R hr I ~cF~~~i;'~~ ~~ ~R A V l \ \'V C- I 17 1615 1,1- 9"1k l I R(~Y~L t l..--L- ---- I~\ ""I .. . / J) . IF ~ lAG """'" .. I ~'( 2A 1S B 1 a",pl Q~ 5 nf " c. C f{Cr,('Jl\: ~ _ O\.J..~ cy 1''''1 .~ 1 182A CCiZ J1~ . ct 18181 , C1 PLf,~OFj:-~ - '. _ ~2 -I _or .~. ,-SS/< N' " , J- ~ ~A\..2. AL .. 'lA I ,~JFfSS1<fi'IPQ .:: 2E ._t')th ~ o\C.~ ~ . ,.., 'LPJG.t "~ /r') 1810: ~~~.Jr-2C~~~ ~ ~.:'I{1;N ; IfJ.)".,~181Al..._~~ ~~. ;'-1.;., .::.'"i'~I'';S''' 4A";~~~ '\,)(. ,~ .. _.:J.ltt'"t~~,i-i~i~:- .:,- ~8)~".,...~3: '" ..; ..13 ;~..,;.., ;;,~; '. ~~~p.""" ~ .;. - ~x" ~ ' . ;.{(; ~. .~"".. ~":~':' . _~ ~'. '. :". ,",:,2 :'(,.;.."~' !. y/..~..,~, ~ -. '. i -hR .:,-....~~ .".;......... .:': ,~::f.;j:t.: :~- ':'. ..... ,. : ~' t " > ~Ro~:O ~;J~ . A I ~ , ~- ~ ~ . \ ~ · _J~ ~k :{ . ~ ~ 1 ~ ..,. I~ ~ ~.~ v. ~ I 1--4- <( Ie <( v tIP _ .-.- ~ )C r')~ , } 31 ~J ~ Re (ZO ~rv _ f-- N 7 1.<( 4A 1 .. \B) '5J ff\\ ~I+ ~ ~ GLADE RD ;,,!U.~~g;,y - ~ :1111 \2 \3 N\1 ~ 28 2F .- W Z Z 0, CD wi :::J ---1 CD (CN ~ ao~r 1 L..- 38 \ 12345678 'c; r.\ 2.sJEJ N5 t4\-6 1R \N\GtA 10 r.~^ l\;V' r 12 r- ~^ 13 14 W (f) 15 U Ct: L..... 2 16 1 OR .1 R 1 7 Ige> ~n 2A .~~&~ ........'ER 1 ;{ul' 1 2 5 ---- 5 ~ B\J~N I~J.. 1 ~ I 1 2A 1 <( 2A3A ~ 1 (gt::Vl~ fR\ 22 ~ CR\SP 1~~'iI.. 1~:~ . \Uk\\ .1 ~. _ ..AG ~~. ~~~ I : 1 2 '3 ~ .5:;" 6 , CHERfR'Y' Exhibit" A" , ... Dcscriptlon ALL 1hat cer~aln tract or parc~l of Jand sltuoted In the J. M. LOONEY SURVEY. ABSTRACT No. 935 and beins de~crlbed In the deod to Donald D. Huffma~ter and wif~. Janot L. Huffmastor as recorded in Volume 5911. Page 1894 of the Deod Record~1 Torr~nt Count~, Toxa~ and beina mora particularly describ~d b~ motes and bounds as follows: BEGINN1NG at nol I found in asphaJt for the southwest corner of ~atd Huffmaster troct and boing b~ deod cal I HEST at 820 fee1; from the southoast ~OLner of sald J. H. LOONEY SURVEY; THENCE North 00 dogrees 00 mlnutos ~6 ~ocond5 H~st with th~1 w05tcrJ~ boundar~ lino of said Huffmaster tract I passing a 3/4 inch smooth st~~l rod found a1:, 17. 20 f oet for .tho sou.theu~s1: cornor or tho tract doser I bed in tho d~~d to Herman J. Smith as recorded in Volume 81891 Pa9c 1114 of said Deed Record. ond bolng in tho bpparon~ northorl~ rlght-of-HOY line of Glado Road (Count~ Rood 3036) and continuing generallY OJoMg a fonc~ 1 ine a to~ol dis~anc~ of 1334.13 foot ~o ~ 3/4 smooth stool rod found far tho norihwe5t cornor of said H~ffmas~er tract end the northcast corner of said Smith troct: THENCE Sou1h 89 d~gre~s 29 minutes 02 seconds East ~11h the northdrJ~ bounddr~ Jlno of s~id HuFfmaster tract end 9onoraJI~ alone ~ fence 1 i ne. 389. 97 foot to. a 3/"1 inch smooth steo J rod found f':'4 lho northeast corner of 5cme; THENCE So~~h 00 dog rOdS O~ minuios 26 ~econd~ Ea~~ with thl~ cC5teil~ boundar~ lino of sam~ and sene~o11~ al~n8 e fence lin~ pa~$ing a 1/2 Inch smooth 51001 rod found at 1315.21 feot In $4id northeri~ right-of- woy Jlnol continuing a tctol dl~tonee of 1332.51 feet to ~ nail found in asphalt: THENCE North 89 dogrco5 43 mlnutos 23 socond5 Host. 391.38 P"et to tho plcce of beginnlna ond containing 11.958 gross acres of land., of which 0.155 acre contained in apparent Glade Rood rlght-of-wd~, loaving a not or~o of ~1.803 ocr~s. more or J~ss. Exhibit "B" JU~~24-99 THU 12:~~. PM Sou~hw.s~ S.nior Care 8174857111 P.02 Fc~ II,) GASS FilAl Riverwalk Development ---..-----.-..uc 200 West M' V ColIeyvtlle, T (817) 498 tu (817) 485-7111 CEIVE P JUN 241999 I. ... .. , \ CITY OF CO[[EVvfCLEJ Sent Via FAXlte:BY~~NITY DEVELOPMENT June 24, 1999 Mr. Bob Stripling, City Manager City of Colleyvillc 5400 Bransford Road CoUeyviUe, TX 76034 Re: File # Z-99-024, Withdrawal of Request to Rezone 11.958 Acres, 1310 Glade Road Dear Mr. Stripling: As owner of the above referenced propcIty, I am hereby withdrawing rhe request to rezone the property and wish for it to remain PUD- R as currently zoned. After geuing and reviewing our engineer's infrastructure cost estimates, particularly those pertaining [0 drainage, and after discussions with numerous builders, we have determined it is not feasible to proceed wim the R-40 plan proposed. We do want to develop the property soon and anticipate submitting a new development plan. I am open to suggestions and will do the best job I can of balancing the wishes of the City and neighboring propertY owners and the dictates of the marketplace. Please call me if you have questions. SWrflld- ( David M. Hannah Managing Member Copies to: Community Development Me. Barry LeBaron Me. Clayton Husban<j( Paveway Products. Inc. Legal Notice Property Owners