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HomeMy WebLinkAboutOrdinances (O-06-1586)-08/15/2006 'I ORDINANCE 0-06-1586 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 20.15 ACRES OF THE LOTS 2 AND 3 BLOCK 1 OF THE LAVACA TRAIL ADDITION AND W.C. NEWTON SURVEY, FROM THE AG-AGRICUL TURAL AND R40-SINGLE FAMILY RESIDENTIAL DISTRICT 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 May 26, 2006, under Case No. Z-06-016; 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 Ord inance 0-06-1586 Page 2 of 3 property owners generally, and to the persons interested and situated in 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 and R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in 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 ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect II Ordinance 0-06-1586 Page 3 of 3 I immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of The City Council first reading and public hearing was conducted on August 15, 2006. Proper notification was not made to property owners of the public hearing; therefore, it was necessary to re-notify the property owners, re-advertise, return the case for consideration to the Planning and Zoning Commission and then to the City Council. ATTEST: CITY OF COLLEYVILLE / / Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: / Matthew C. G. Boyle City Attorney EXHIBIT "A" AG EXHIBIT "B" PARCEL I 10.20 ACRES CURRENT ZONING I AG PROPOSED ZONING I R-20 Legal Description. Being 0 parcel of land situated in the R. N. McEwing Survey t Abstract No. 1154 t City of Colley" ilIe., Tarrant County 1 T exes and be ing 0 10.20 acre parcel of land and being 011 of Lots 2 and 3, Lavoco Trail Addition 0$ described in Volume 388-141., Page 100 of the Plot Records of Tarrant County, Texas (P. R. T ,C. T . ) and being more particularly descr ibed as follows I BEG1NNINGoto point being the northeast corner of Lof 4, Block I, Lovaeo Troil AddU Ion 1 Vol. 15824, Page 266, P. R. T . C. T . I THENCE North 89055 '5911 East I a distance of 416.12 feet along the south right-at-way of Lovaeo Trail to 0 point for corner olso being the northwest corner of Lot I, Block I of sold LQVOCO Trail Addition, THENCE South 00000 JOO" West. 0 distance of 1068.04 feet to a point f or corner be iog along the north boundary I ine of the W. C. Newton Subdivision os described in Volume 388-42, Page I, P.R.T .C.T. I THENCE South 89045 '54 ~ West J a distance of 416.00 feet along the north boundary Hne of said W.C. Newton Subdivision and the north boundary line of the Emerald Pork Subdivision, an oddUion to the City of Colley'" ille . Tarrant COiunty 1 T exos as recorded in Volume A, Poge 8470, P . R . T . C. T. to a point for corner olso being the southeast corner of said Lot 4. Block I, Lavoco Troil Addition, THENCE North 00000 '00' East I (J distance of 1069.26 feet olong the east boundary I loa of sold Lot 4, Block I, Lovoeo Tra il Addition and return Ing to fhe po int of beg Inn Ing and canto in iog on area of 10.20 acres 1 more or less. PARCEL 2 9 + 96 ACRES CURRENT ZONING I R-40 PROPOSED ZONING I R-20 Legol Description Being a paree;1 of land situated in the W. C. Newton Survey, Abstract No. 1182t City of Colleyville. Torrant County. Texas and being a 9.96 ocre porcel of land and being part of the W . C . Newton Subdivision as described in Volume 388-42 I Page I of the Plcd Records of Tarrant County 1 ,Texas (P. R. T . c. T. ) and being more particularly described as follows I BEGINNING at the northeast corner of the Emerald Pork Subdivision t an addition to the City of Colleyvllle I Tarrant County 1 Texos os recorded in Volume Al Page 84701 P.R.T.C.T. t THENCE North 89045 154 i' East 1 (] distance of 314.38 feet to a point for corner I that corner also being the northeast corner of sold W.C. Newton Subdivision I as described in Volume 388-42, Page 't P. R. T + C. T . . THENCE South 00040 '55' West. a distance of 1370.6 feet to 0 point for corner along the north right-of-way line of L. D. Lockett Road, THENCE South 89055 '16 I' West along the north right-of-way line of L + D. Lockett Roodto distance of 319.12 feet to 0 point for corner 1 that corner also being the southeast corner of said Emerald Pork Subdivision I THENCE North 00051 '50" East. 0 distance of 1369.81 feet and returning back to the point of beginning and containing on area of 9.96 acres t more or IEtss.