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HomeMy WebLinkAboutOrdinances (O-06-1576)-06/20/2006 ORDINANCE 0-06-1576 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 5,39 ACRES OUT OF THE MARY M, FREEMAN SURVEY LOCATED AT 209 AND 301 BANDIT TRAIL, FROM THE AG- AGRICULTURAL TO R20- 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 Keith Kithsiri on March 30, 2006, under Case No. Z-06-009; 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 0-06-1576 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 R20-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 ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-1576 Page 3 of 3 AND IT IS SO ORDERED, The first reading and public hearing being conducted on the ~ M day of ~ 2006. T~he second reading and public hearing being conducted on the ~ J;f day of __ 2006. I ATTEST: .~ CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary tba~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~ \n. ~ Matthew C. G. Boyle City Attorney 300 304 298 300 302 301 SITE 7312 7309 EXHIBIT "A" 209 R-20 7315 7309 205 7.108 7301 AG R-40 7212 l209 EXHIBIT "B" LEGAL DESCRIPTION 6ElNG 5. 39tlcr~s of land !n the M. M. Freemoo Survey. Abstract 533. conloinit\9 tl Irad 01 lond descnbed in Q deed !o J. 0, Borio!) recorded in Volume 5242. Page :3. Deed Record'. Tarroot County, Texos uno 0 tHiel of tond described in (I delitd to Renee C. Lewis recorded in Volume 0954. P0ge 1933. D. R. T . C . T. ond being more porticulorly described by metes 00<1 bounds os fo/Aows ! 6EGiNNtNG at 13 3/4' iron rod found. soid lnt beino lhe &OlJlhwesl corMr of a trod of land de$cri~d in 0 deed recorded in Volume , poge .296. OeedRecords. Torroot COUt'll Texas tD.R.LC.T. ). Nor.o 90" 00 '00' Vies., 0 dlSIOllce Of 139,00 feet along the north liM of ARzlm Acres. on addition to lhe City of CoIleyville ttS shown on Q plot recorded 111 Cabinet B, Slide 1221. Plot Records, Torrant Coonly, Texos IP.R.T.C.T.I 10 (! 5/S' copped iron rod found for corner, THENCE SQulh 65"OS 'i5' West, 0 distol'lce of 313.49f.et oloog lhe norlherly line of sold A~llm Acres 10 Q fVS." copped kart rodfOUTldsel lrdheeost line of Vquard Estates os shown on 0 1'401 recorded in Cobinet A, Slide 4764. P.R. T . C. T . I THENCE Noril'l OO*36?aS" \V_f, (I diitonce of 566.80 feet Q/angll1e $oideost line and cordioulf19 10 0 cl.'lPfle4 Iron rod found for the northwest COrM!' of Ihe herein described trod in the opporenl south Hne of Bandi! Troll. THENCE North 1t" 06 '10' East. 0 dlstoote of 300 .90 faet Cllol'lg soid south line of Bondit Trail to (l5/6' !rUn rod found for corner. THENCE North 90" 00 '00' East. <.l dis!ooce of 147.20 (eet ctoog soid soulh line of Bandit T fO II to c 3/4' ir on rod found for coroor I THENCE $<>uth 00" 52 '00' We,l, a distance of 534.43 'uf oIong the west line of 0 Iroct of land described in f.l deed recorded in Vot\lme 155SS. Poge 296, D.R. T .C. T, to the Point of Beginning and 5.396 ACRES. more or less.