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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. .r 1 I' 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: ~\Y).~ 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.