HomeMy WebLinkAboutOrdinances (O-05-1530)-06/21/2005
ORDINANCE 0-05-1530
AN ORDINANCE OF THE CITY OF cOLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE,
TEXAS, AS HERETOFORE AMENDED; BY AMENDING SECTION 2,
PARAGRAPH S.b, OF ORDINANCE 0-02-1344, REGARDING THE MAXIMUM
NUMBER OF LOTS IN THE BELDON HOLLOW ADDITION; 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); AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by Mike Garabedian on April
28, 2005, under Case No. Z-05-015; 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 0-05-1530
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,
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
See, 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 Section 2, Paragraph 8,b, of Ordinance 0-02-1344 is
hereby amended in its entirety to read as follows:
Sec. 2, Para. 8.b. If the subdivision is proposed to be developed as a
private gated community, the subdivision may not contain more than
sixteen (16) single-family residential lots,
THAT Ordinance 02-1344, shall remain in full force and effect,
except where amended by this ordinance.
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 ($2,000.00) for each
offense.
THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or unconstitutional,
the same shall not affect the validity of this ordinance as a whole or
any portion thereof other than that portion so decided to be invalid or
unconstitutional,
THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
of this ordinance.
THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be given
the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort and
general welfare, and requires that this ordinance shall take effect
immediately from and after its passage.
Ordinance 0-05-1530
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1 ~ day of
9~~ 2005.
T2i second reading and public hearing being conducted on the ..::v .$r- day of
~ 2005.
~~~fM
CITY OF cOLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
t6oJ;CJ~
David Kelly J ()
Mayor
APPROVED AS TO FORM AND LEGALITY:
~ \no P.,t
Matthew C. G. Boyle
City Attorney