HomeMy WebLinkAboutOrdinances (O-05-1554)-12/06/2005
ORDINANCE 0-05-1554
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 4.54 ACRES LOCATED AT
200 JOHN McCAIN ROAD AT LOT 1, BLOCK 1 OF THE NEWGREN
ADDITION, FROM THE AG-AGRICUL TURAL 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); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by Dennis Newgren on
September 30,2005, under Case No. Z-05-029; 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 0-05-1554
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 district to the
R40 Single Family Residential district, as depicted on the attached
Exhibit "A" and as 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 0-05-1554
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /-S" ~ day of
2005.
public hearing being conducted on the t ~ day of
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
I'I\~
/V~ 1/ _II~. \...J 0
David Kelly ..
Mayor
APPROVED AS TO FORM AND LEGALITY:
1'\\A l)). ~
Matthew C. G. Boyle
City Attorney
EXHIBIT A - ZONING MAP
304
EXHIBIT B - METES AND BOUNDS DESCRIPTION
FIELD NOTE DESCRIPTION
ALL that cortaiD tnct or pII'cel oflaclllitulkld in 1M WILLIAM E. CROOK. SURVEY.
ABSTRAcr NO. 295, iu the City ofCoUeyWle, T8R'IDt Coaaty, Texas aad beiDa Lot I,
Block 1. Nowpal MditiGl, . Additioa to the City of CoIJeyWle, TlIIIDt County.
T.. ... baill8l1lCJ1'O pII1icuIIrty deleribcd by matellDd,bounck. follows:
BEGINNING It .112 iada appecllteel rod ~ "MOAK SUR.V INC" found for the
IIOl1tInvat comer of IIicl Lot I, _ rocI beiDaia the IlCJItMiy riaJd-of-way tiDe of 101m
McC8ia Road (County RollI No. 3006);
THENCE North 00 cIqpees 13 -..... 03 __ F.IIt with 1M ...c6.JI bouoday line
of said Lot 1 (the beIi. ofbcmDp of die bereia deIcribed tr8ct). cIi__ of 591.58 feet
to . 112 inch ClIpped ateel rod ...peeI "MOIdt SUkV INC" found for the northwest
comer tbcnof,
THENCE South 17 .... 20 ...~ 45 eeooeadt BIlIt widl the 1lOI'dIaiy boundlry line
of said Lot a diIImce of 399.04 feat to . 1/2 indt eIppCld ... rod ~ped "MOAIC
SURV 1Ne' fouad for tbe Il();" COI'IIW dlcNo( lIIid rod beiaa ia .... ....)'
bouudIry liDe of Block 2. MoaticleUo ~ . Additiaa to the City ofColleyvil1e.
TII1'IIIt County. TOOl accordiat to the pia recorded ia Volume 3....209. Pap 12. Plat
Rocorda, T.....t Cowaty, TClUI;
THENCB South 00'" 04 ..... 35 ~ willa tile CIIItedy boa'" Uno if said
Lot 1_ the --.ty bouaUry tiDe of SIicl Block 2 . ddtaoe ol363.'5 feet to. 1/2
inch CIppOd steel rod""" "MOAk SUB.V INC" fouDd for _ ..... padt 01_ Lot
I, Slid rod baina tho bOIIbeMI comer of.... __ tnd 01... cIacribed ill deed to
Brent Neff act wife. L8cntia Neff. fClCClfded in Volume 13019. PIp 215. Deed
R.ecorda, Termat eo.ty, TaIII;
THBNCE NordlI7 ""20 minutel OS IeCCJIlck Walt with the southerly boundary
liDo of said Lot I ad wida tho IIOItII.crIy bot.dIry IiM of IIicl Neft'tmct. distaDce of
175.08 fClet to. 511 iada ... rod Icuad for.. __ eanMiI' of IIid Lot 1. Slid rod being
the northwat comer of IIid Neff tact;
THENCE South 00 cIepeea 01 ",iaUW 27 ~ BIlIt wida tho OIIIIbdy bcM....,.liae
of said Lot 1 -' the WCIIaly _1DCIIrY IiM 0I1Iid Ne<<tr8ct. tJtIIaoe of234.42 feet ,
to a 1/2 inch CIppOd .... rod tlftpOd "MOAK SURV INC" fouacI fer thO 1OUth0llt
comer of Slid Lot' I, aid rod beiaa ia aid lIOdIMdy ript-of-way liDo;
THENCB North 17 cteareea 26--... 07 IeOOIMII Welt witIa tile lOUthorly bound8ry
line of Slid Lot 1 .. widlllict IlOdIImy riPt-of-way .... . di~ of 226.31 feet to
the PLACE OF BEGINNING "~.u. 45476 _af........ar lea