HomeMy WebLinkAboutOrdinances (O-06-1570)-04/18/2006
ORDINANCE 0-06-1570
N 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 3.16 ACRES OUT OF THE T. WHITE SURVEY
LOCATED AT 6208 L.D. LOCKETT ROAD, FROM THE AG-AGRICULTURAL TO
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 Rachel Whittlesey on
February 13, 2006, under Case No. Z-06-004; 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
to, 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 0-06-1570
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 zoning district to
the R40-Single Family Residential zoning district, as depicted in the
attached Exhibit "A" and described in Exhibit "8".
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 0-06-1570
Page 3 of 3
ND IT IS SO ORDERED.
first reading and public hearing being conducted on the '9'~ day of
2006.
reading and public hearing being conducted on the / J> ~.. day of
2006.
ATTEST:
cti~~~
City Secretary
CITY OF COLLEYVILLE
I
LD
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
~\n.~
Matthew C. G. Boyle
City Attorney
EXHIBIT" A"
EXHIBIT "B"
Field Note . DeseriptiOD
certain tractor pmtet of land situated in the JOSEPH WHITE SIJRVEY,
1692 Hl the City of CoUey vii Ie" Tarrant CDunty" Teu.~ Hd being
&-scribed in the deed to Sam Burnett and Rathel Whitt~-y
in [)ocument 0206001119. Deed Records. ~rammt Cmmt}'.
more pinu:::ularty d~crjbed by meces aud bounds m follows:
at a ~d steel rod stamped "O&A t'hund t'Or
B~ tract, said rod being the oomcr ofL{}t
I. Markwood Addition, an Addltioo. to the City ofCoUeyvil1c. Tmam
accord.n; to the plat recorded tn Cablrret B. Slide 2104. Plat Records..
02 14 minutes 00 seconds East with the
hne ~Jf saId Burnett trdct and with the water'y boundar)' lifle of said Block 1
of bearings of the herein described tmct). passing at 61,9.69 feet a 518 inch
rod stM1ped "D()WOY" found for the SOUthWC5t comer of said Block 1
a tom. disumee of109,95 feet to a IJ2 ineh capped steel rod stamped
INC' for the southeast corner of said Burnett tract. said roo
nurthwesterly right~of*way line D. Lockeu Road Rooo
24 rmnutes secoods West with the
aoo with said rilht8of~w~y line a distance
capped stool rod stamped "MOAK SURV set the
Burnett tract~
minutes 26 seconds with the westerly boundary
Burnett tract. p$stnJ at feet a ~1 fait found and continuing a
inch i.d. !<l1eet pipe found lor an angle point
00 degTee$ 08 mirnes 17 seconds W~l. continuing with said
boundary line a dist~lnoo of 464.00 feet to a ineh stool rod found ~he
C.()nlCf of said Burnett tract;
South 39 minute$ US $~<mds f~~t WIth the oonh\.'1ty ooundw)
Bum~u trnet a di~tance of 158A1 feet to me PtACE Of
1601 acres orland, mt)f(J or as surveyed by Moak
REeEtYEa
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