HomeMy WebLinkAboutOrdinances (O-05-1553)-11/15/2005
ORDINANCE 0-05-1553
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE,
TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE
PERMIT TO ALLOW HORSES ON LOT 29, BLOCK 4, WESTERN TRAILS
ADDITION, LOCATED AT 500 WAGONWHEEL COURT; 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 Larry Austin on September
16, 2005, under Case No. Z-05-028; 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
HEREAS, 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
HEREAS, 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 0-05-1553
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 authorizing a Special Use
Permit to allow horses on the premises on Lot 29, Block 4, Western Trails
Addition, located at 500 Wagonwheel Court, subject to the following
conditions:
a. To require the horses be kept behind a line even with the southern
most part of the house and perpendicular with the east property line.
b. The Special Use Permit granted herein shall be valid for a term not to
exceed the sooner of four years from the date of this ordinance's
passage or the sale of the property at 500 Wagonwheel Court.
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
Ordinance 0-05-1553
Page 3 of 3
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 / ~ day of
rV'YY)~ 2005.
The second reading and public hearing being conducted on the /...5"'~ day of
2005.
Cynthia Singleton, TRMC
City Secretary
CITY OF COLLEYVILLE
Lb a. A "(;/J<, IL /
I- ~~/7'-/-Y
David Kelly ,', "
Mayor
APPROVED AS TO FORM AND LEGALITY:
~ \y). &
Matthew C. G. Boyle
City Attorney
EXHIBIT A - ZONING EXHIBIT
ZONING EXHIBIT
App1icant: Lan')' and Susan Austin, 500 Wagonwbeel Ct., Colleyville, TIC, 76034
Owners of Record: Lan')' Austin and Nancy Shepherd, 500 Wagonwheel Ct., Coneyville, TX, 76034
Gross Area In Sq. Ft. % of Total
Area
81 457 100%
2180 2.7%
1555 2.0%
1475 2.0%
76 247 93.3%
Key:
1. SlDaIe ramlly dwelllnl
2.8al'll
3. Two-stan hone stable
Legal description for 500
Wagonwheel Court: Lot 29,
Block 4, Western Trails
Section 2, an addition to the
City of Colleyville. Tarrant
County, Texas. Plat
recorded in Vol. 388-80. Pg.
56, Plat Records, TlpTII1t
County, Texas.
Adjacent!.roperty on North:
Single &mily, zoned R-20
1'78.7 It
r z. 0
Adjacent propertY on West:
Single family, zoned R.20
4::
"I
i
c:::
a
~
Adjacent propertY on Bast:
Single family, zoned R-40
WacoDwbeel Court
Horses to remain
behind this line.
95.8 It
Adjacent propertY on South:
Single fiunily, zoned R-20