HomeMy WebLinkAboutOrdinances (O-05-1519)-04/19/2005
ORDINANCE NO. 0-05-1519
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE,
TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL
ZONING MAP AND CHANGING THE ZONING ON 4.0 ACRES OUT OF THE
JOSEPH WHITE SURVEY, ABSTRACT 1692, FROM THE AG-
AGRICULTURAL DISTRICT TO THE R40 SINGLE FAMILY RESIDENTIAL
DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by Jeff Vanderpool on March
4, 2005, under Case No. Z-05-010; 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 and designed to lessen congestion in the
streets; 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,
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 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
Ordinance 0-05-1519
Page 2 of 3
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.
See, 2.
Sec. 3,
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7,
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.
THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by changing
the zoning of said property from the AG-Agricultural district to the
R40 Single Family Residential district, as depicted on the attached
Exhibit "A" and described in the attached Exhibit "B".
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,
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.
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.
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,
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,
Ordinance 0-05-1519
Page 3 of 3
ND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~'d day of
o /}~ 2005.
, ~ ~
The second reading and public hearing being conducted on the / ~ day of
~ 2005.
A~~r;;fip~
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
~ \Y). ~
Matthew C. G. Boyle
City Attorney
EXHIBIT A - ZONING MAP
EXHIBIT B - METES AND BOUNDS DESCRIPTION
LEGAL DESCRIPTION
PROPOSED R-40 ZONING
Commencing at the POINT OF BEGINNING; said point being the southwest corner of a 4.007
tract in the Joseph White Survey, Abstract 1692, City of Colleyville, Tarrant County, Texas, and
being a portion of that certain tract of land as described in deed to Howard A. Rettig and wife in
Volume 9846, Page 2204 of the Deed Records of Tarrant County, Texas; said point being in the
approximate centerline of Shelton Road and being approximately 556.59 feet East of the
southwest corner of said Survey;
THENCE North 00017'06" West along the west line of said Rettig tract, a distance of 916.12 feet
to the southwest line of the St. Louis and Southern Railroad;
THENCE North 47030'08" East, along the southeast line of the St. Louis and Southern Railroad; a
distance of 292.62 feet to a point for corner;
THENCE South 1 r05'14" East, within a 10,003 tract of land as described in deed to O. Leroy
Chism and wife in Volume 3373, Page 616 and Volume 3381, Page 142 of the Deed Records of
Tarrant County, Texas, a distance of 38.99 feet to a point for corner;
THENCE South 00017'06" East, a distance of 644.58 feet to a point for corner;
THENCE South 31035'48" East, a distance of 147.86 feet to a point for corner;
THENCE South 89042'54" West, a distance of 129.39 feet to a point for corner;
THENCE South 00015'14" East, along the east line of said Rettig tract, a distance of 305.05 feet
to a point for corner;
THENCE South 89053'41" West, along the approximate centerline of Shelton Road a distance of
174.99 feet to the POINT OF BEGINNING,
EXHIBIT B - CONTINUED
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