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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 La ,.~.....*.,,~...