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HomeMy WebLinkAboutOrdinances (O-05-1552)-11/01/2005 ORDINANCE 0-05-1552 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 0.7566 ACRES IN THE HARRELL HUGHES SURVEY, A-656, LOCATED AT 1512 McCAIN LANE, FROM THE AG-AGRICUL TURAL TO THE R15-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TV 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 Carolyn Apodaca on August 23, 2005, under Case No. Z-05-025; 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 0-05-1552 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. 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 to R15-Single Family Residential District, as depicted in the attached Exhibit "A" and described in the metes and bounds description attached as 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. AND IT IS SO ORDERED. Ordinance 0-05-1552 Page 3 of 3 The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of DENIED NOVEMBER 1, 2005 ATTEST: CITY OF COLLEYVILLE / / Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ...._".....__~;._~~.,....._.,.""._~'"_~~'~_"._"~,.",>N~'<_~;_---...--".._- _._.._"._~---_._,",~._".~" EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS FIELD NOTE DESCRIPTION ALL that certain tract or parcel of land situated in the HARRELL HUGHES SURVEY. Abstract No. 656, in the City of Colleyville, Tarrant County, Texas and being that same tract described to Terry Mock McCain as recorded in Volume 6689, Page 376, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds QS follows: BEGINNING at 0 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the southwest corner of said McCain tract and being in the north right-of-way line of McCoin Lane (a 60' right-of-way); THENCE NORTH with the west boundary line of said McCain tract, 175.52 feet to a 5/8 inch steel rod found at the northwest corner at said tract; THENCE South 89 degrees 57 minutes 08 seconds East with the north boundary line of said tract, 187.47 feet to 0 3/8 inch steel rod found at the northeast corner of said tract; THENCE South 00 degrees 15 minutes 45 seconds East with the east boundary line of said tract, 175.35 feet to a 1/2 inch steel rod in concrete found at the southeast corner of said tract and being in the said north right-of-way line of McCain Lane; THENCE South 89 degrees 59 minutes 39 seconds West with the south boundary line of said tract and said right-of-way line, 188.27 feet to the place of beginning and containing 0.7566 acre of land, more or less, as surveyed by Moak Surveyors, Inc. in the month of August, 2005.