HomeMy WebLinkAboutOrdinances (O-06-1594)-10/03/2006
ORDINANCE 0-06-1594
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 ON LOTS 2 AND 3 BLOCK 1 OF THE
LAVACA TRAIL ADDITION AND W.C. NEWTON SURVEY, FROM THE AG-
AGRICULTURAL 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
HEREAS, 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
HEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to 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
HEREAS, 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 0-06-1594
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 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 immediately from and after its passage.
Ordinance 0-06-1594
Page 3 of 3
AND IT IS SO ORDERED.
!The first reading and public hearing being conducted on the /9 .y day of
~ 2006.
The second readit:lg anp public hearing being conducted on the ~~ day of
t::f..e.AJ 2006.
CITY OF COLLEYVILLE
tbP-L~j~
David Kelly C-/ 0
Mayor
PPROVED AS TO FORM AND LEGALITY:
~~.~
Matthew C. G. Boyle
City Attorney
EXHIBIT" A"
EXHIBIT "B"
PARCEL I
10.20 ACRES
CURRENT ZONING. AG
PROPOSED ZONING I R-20
Legal Description.
Being a parcel of land situated in the R.N. McEwing Survey., Abstract
No. 1154, City of CoUeyvile. Tarrant County. Texos and being 0
10.20 acre parcel of land and being all of Lots 2 and 3. Lovoco Trail
Add it ion os descr Ibed in V 01ume388-141, Page 100 of the Plot Records
of Tarrant County. Texas (P. R . T . C . T . ) and being more particularly
descr ibed os follows I
BEGINNING at 0 point being the northeast corner of Lot 4. Block I,
Lovoco Trail Addition. Vol. 15624, Poge 266, P.R.T.C.T. 4
THENCE North 89 <<> 55/59 M East, 0 distance of 416.12 feet along the
south righl-oi-way .of Lavaco Trail to 0 point for corner also being
the northwest corner of Lot I, B'ock , of sold Lovoco TroU AdditiQn.
THENCE South 00.00100' WesL (] distance of 1068.04 feet to 0 point
f or corner be Ing along the north boundory Une of the W . C. Newton
Subdiv ision os described in Volume 388-42.. Page I, P. R . T . C. T . J
THENCE South 89 <<> 45 154 ~ West. (] distance of 416.00 feet along the
north boundary Une of said W.C. Newton Subdivision and the north
boundary line of the Emerald Pork Subdivision. on addition to the City
of Colleyville. Tarrant County.. Te)(as os recorded in Volume A, Page 84 70.
P . R . T . C . T. to 0 po int for corner also being the southeast corner of so id
Lot 4.. Block I. Lovaco Trail Addition.
THENCE North 00000 '00' East-a distance of 1069.26 feet along the
east boundary line of soid Lot 4. Block I, Lovaco Trail Addition and
returning to the point of beginning and containing on area of 10.20
acres f more or less.
PARCEL 2
9.96 ACRES
CURRENT ZONING J R-40
PROPOSED ZONING J R-20
Legal Oescr ipt ion
Being 0 parcel of lend situated in the W. C. Newton Survey. Abstract
No. 1182. City of Coleyville. Tarrant County. Texas and being 0
9.96 acre parcel of land and being part of the W. C. Newton Subdivision
os detcr ibed in Volume 388-42. Pege I of the Plot Records of Tarrant
County. ,T $~OS (P. R . T . C . T. ) ond be Ing more particularly described os
f OIlOWII
BEGINNING at the northeast corner of the Emerald Pork Subdivision, on
oddition to the Cilyof ColleyvUle I Tarrant County. Texas os recorded
in Volume A. Poge 8470. P. R . T . C . T . t
THENCE North 89" 45 '54' East. 0 distance of 314.38 feet to 0 point for
corner, that corner olso being the northeast corner of said W. C. Newton
Subdivision, os described in Volume 388-42. Page I. P. R. T . C. T . t
THENCE South 00. 40 '55'" WesL a distance of 1310.6 feet to 0 point for
corner oloog the north right-of-way line of L. D. Lockett Rood t
THENCE South 89055 '16. West along the north right-of-way line of L.D.
Lockett Rood.. 0 distance of 319.12 feet to 0 point for corner. that
corner also being the southeast corner o.f said Emerald Park Subdivision.
THENCE North 00051'50" East. 0 distance of 1369 .81 feet ond returning
bock to the point of beginning ond containing on area of 9. 96 acres t
more or less.