HomeMy WebLinkAboutOrdinances (O-06-1596)-10/17/2006
ORDINANCE 0-06-1596
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 23.4 ACRES IN THE W. C. NEWTON
SURVEY, ABSTRACT 1182, THE ISAAC CARODINE SURVEY, ABSTRACT 357,
AND A PORTION OF BLOCK 4 OF THE W. C. NEWTON ADDITION, FROM THE
R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO THE 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 Will Walton, on August
25, 2006, under Case No. Z-06-023; 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
Ordinance 0-06-1596
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. 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.
Sec. 2. 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 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".
Sec. 3. 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.
Sec. 4. 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.
Sec. 5. 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.
Sec. 6. 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.
Sec. 7. 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.
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Ordinance 0-06-1596
Page 3 of 3
AND IT IS SO ORDERED.
-.3/u:JL
The first reading and public hearing being conducted on the
Uo/o-t0u 2006.
T~? and public hearing being conducted on the
2006.
day of
/.7~
day of
ATTEST:
ty2
Cynthia Singleton, TRMC
City Secretary
CITY OF COLLEYVILLE
~~
David Kelly ( ,
Mayor
APPROVED AS TO FORM AND LEGALITY:
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Matthew C. G. Boyle
City Attorney
EXHIBIT "A"
EXHIBIT "B"
PROPERTY DESCRIPTION
BEING a description of a 23.584 acre tract ofland situated in the W.C. Newton Survey Abstract
No. 1182 and the Isaac Carodine Survey Abstract No. 357t in the City ofColleyvillet Tarrant
County. Texas. being a portion of Block 4 of the W.C. Newton subdivision to the CityofHmst
(now the City ofColleyville) as shown on the plat recorded in Volmne 388-42 at Page 92 of the
plat records ofTmant Countyt Texas. and being all of that same tract or parcel ofland conveyed to
Wallace Craig as evidenced by the Deed recorded in Volume 4972 at Page 724 of the Deed records
ofTmant County. Texas. a portion of the remainder of a tract ofland conveyed to Metroplex
Properties LLC, as evidenced by the Deed recorded in Volmne 14158 at Page 65 of the Deed
Records ofTammt County, Texas, that same tract or parcel of land situated in said Block 4 resting
in the name of Eddy R. Patker, said 23.584 acre tract being more fully described as follows;
BEGINNING at a 1/2-inch steel rod set for comer at the southeast comer of McEwing Subdivision
an addition to the City ofColleyville, as shown on the Plat recorded in Volume 388-29 at Page 447
of the Plat Records ofTammt County, Texas, said steel rod lying in the west line of The Oaks
addition, an addition to the City of Colleyville as shown on the Plat recorded in Volume 388-76 at
Page 10 of the Plat Records of Tarrant County, Texas;
THENCE South 00 deg. 06 min. 48 sec. East. departing said McEwing Subdivision, a distance of
1,056.57 feet to a lI2-inch steel rod set for comer;
THENCE So1J.th 86 deg. 30 min. 25 sec. West, a distance of351.33 feet, to a II2-inch steel rod set
for CCIDIr_lfie,iI"IlIH-r. V .txJ. "111. 'U~-.-
THENCE South 00 deg. 00 min. 00 sec. East, along the said east line of said Craig tract, at a
distance of298.90 feet passing the north right-of-way line ofL.D. Lockett Road (a variable width
right-of-way) and contioning for a total of 320.44 feet to a point for comer;
THENCE South 89 deg. 09 min. 45 sec. West, along the south line of said Craig tract, a distance of
471.53 feet to a point for comer;
THENCE North 00 deg. 00 min. 00 sec. East, along the west line of said Craig tract, at a distance
of 14.87 feet passing a Y"'IDch steel rod found for comer OIl the north line of said L.n. Lockett
Road, and continuing for a total distance of 1,385.85 feet to a 3/8-inch steel rod found for comer;
THENCE South 89 deg. 07 min. 22 sec. East, a distance of820.16 feet to the PLACE OF
BEGINNING;
and COPtAining 23.584 acres of which 8t532 square feet are within said L.n. Lockett Road, leaving
23.388 acres or 1,018,794 square feet ofland (Net) more or less.