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HomeMy WebLinkAboutOrdinances (O-06-1597)-11/07/2006 ORDINANCE 0-06-1597 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 16.87 ACRES OF LOT 1, BLOCK 1 OF THE LAVACA TRAIL ADDITION, LOT 1, BLOCK 1 OF THE MILLER ADDITION, LOT 1, BLOCK 1 OF THE LANCASTER HILL ADDITION AND A PORTION OF LOT A GIACOMINI ADDITION, FROM THE 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, the City of Colleyville has received an application for rezoning under Case No. Z-06-019; 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 Ordinance 0-06-1597 Page 2 of 3 holding due hearings and affording a full and fair hearing to all the 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 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 ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. APPROVED AS TO FORM AND LEGALITY: ~~.~ Matthew C. G. Boyle City Attorney Ordinance 0-06-1597 Page 3 of 3 /?~ ?~ CITY OF COLLEYVILLE 1$ T))?-"d public hearing being conducted on the 2006. The second reading and public hearing being conducted on the r.,vrn d-eA..../ 2006. n~~~ Cynthia Singleton, TRMC City Secretary David Kelly Mayor day of day of EXHIBIT "A" EXHIBIT "B" PROPERTY DESCRIPTION BEING a description of 116.870 acre tract of land sItuated in the R. H. McEWtNG SURVEY ABSTRACT NO. 1154. in the City of Colleyville. Tarrant County, Texas, and baing aU of Lot 1 in Block 1 of Lav.. Trail Addition, an addition to ... City of eoU.yville as shown on the Plat recorded In Volume .8-141, at P... 1~ of the PIIt Records of Tarrant County, T.... all of Lot 1, Block 1 of Millar Addition, an addition to the City of COlle",II", as shown on the Pia. recorded in Volume 388-160, at Page 21, all of Lot 1, Block 1 of Lanca.terHill Addition and addition to the City of Co'Ie",i'" .s shown on Plat recorded in Volume 381411, at P."e 11 and a portion of Lot A of Gllcomiftl Addltl6ft.lft additi6n to the City af CoUeyville as shown on the Plat recorded in Cabinet A, at 811de6002 of the Plat Records 01 Tarrant County, Texas, "a,id 16.870 acre tract beinl more fully described as foUows: BEGINNING at a 1/2,.,mch..., rod s.t fo, comer at the northwest comer of lot 1, Bloc.k 1, of said lavaca Trail "adition, being on the southrilht-of-way Une of Lavaa Trail (a called 60 foot wide riglwt-of.way), and being the northwest comer of Mid Lot 1, Block 1; TH:ENCE North 88 deg. 54 min. 15 Me. East, along th..id $outh right-of.waylin. of Lava. Trail, a distance of J11.01 feet toa iJ2-inch s_1 rod .. for comer and :lei"g thenorthea.. comer of $lid Miller Addition; THENCE South 01 dag. 07 min. 21 SK. East,a.long the M. ine of said Mi.ler Addition and aaldsouth right-of-way in., a diltance o'I.OOft" to a 1/2-1nch MMI rod set lor comer and being the northwes.t eome, of Lancaster ..un Addition an addiition to the City of eoUeyville, as ihown on the Plat recorded in Volume 388-219 at Page 19 .01 he Plat Records of Tarrant County, Texas; rHENCENorth88 deg. 54 min. 15 HC. East, along the north ino of said Lancaster Hin Addition, a distance of 202.. eet to a 1/2-illch steel rod set for comer on the west ine of Lot A of GiacomilliAddition, an addlion 10 the :ity of Colleyville. as shown on the Plat recorded in ::ablnet A at Slide 8002 ofthePiat Records of Tarmnt ~OUnty, Teus; tHENCE South 01 deg. 09 min. 15 sec. &st, departing said .outh right..of-way Une and along tM common fine between .aid Lancaster Hill Addltion and Aid Giacomini Addition. I distance of .1.43 fMUoa1/2-4nchsteel rod set for :omer at the flne>D""'curve to the Ighf hawiDg a II of 01 4.... 04 min. 35 sec., a adius distance of UI.OOfeet.achwddistance of 23.81 ee~ and a chordburiDg of Iouth 37 d8g..03 min. 31 HC. East; THENCE southeny along said non~tangent curve to the right. departing said common line. an arc distance of 23.8& 'Mt to a 1/2-incllateel rodot for comar; THENCE North 88 .g.. 13 min. 52 Mc.E.ast, a distance of 18'.84 feet to a 112-1nch steel rod set for comer on the common line between_d Giacomini Addition and McEwin Addition, an addition to the City ofCotleyvilia as shown on the Plat recorded in Volume 388-29 at Page 441 of the Plat Records of Tarrant County. reus; THENCE South 01 deg. 08 min. 08 sec. East, along said common line, a distance of __10 'Ht to a chiseled ..X" found for comer and being on the north Une of a tract of land conveyed to Craig Wallace as evidenced by the Deed Recorded in Volume 4972 at Pale 124 of the Deed Records I TarrantCounly, Texas; THENCE South 89 og.01 min. 22 sec. West. a distance of 609.20 feet to a 318-inch stHtrod found for comer and beinG an angle point ia t....no"" tine of a tract of land conveyed to Martin Stajduhar a$ evklenced by tM Deed recorded in Volume 1 R3e at Page 368 of the Deed Records of Dallas Coumy, Texas; THENCE South 88 deg. 48 min. 18 sec. West,. distance of 211.271Mt to a 3/4-inch pipe found for comer and being the southwest comer of previo&lslymemioned Lot 1 in Block 10f Lavaca Addition; THENCE North 00 deg. 17 min. 51 sec. West, Ilong the west line of said Lot 1, a distance of 1,0'8.34 feet to the POINT OF BEGINNING; and contalniDg 11.870 Icres of Iilnd or 134.811 square reet of iand more or IeSI. ORDINANCE 0-06-1597 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 16.87 ACRES OF LOT 1, BLOCK 1 OF THE LAVACA TRAIL ADDITION, LOT 1, BLOCK 1 OF THE MILLER ADDITION, LOT 1, BLOCK 1 OF THE LANCASTER HILL ADDITION AND A PORTION OF LOT A GIACOMINI ADDITION, FROM THE 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, the City of Colleyville has received an application for rezoning under Case No. Z-06-019; 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 Ordinance 0-06-1597 Page 2 of 3 holding due hearings and affording a full and fair hearing to all the 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 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. AND IT IS SO ORDERED. r. Ordinance 0-06-1597 Page 3 of 3 /7Yzf / The first~nd public hearing being conducted on the /J-c ./ 2006. / The second readin.g and) public hearing being conducted on the r~?vL/ 2006. A11Y4~~ Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~ \Y).P,~ Matthew C. G. Boyle City Attorney 77.6 CITY OF COLLEYVILLE /f)~~;K David Kelly U Mayor day of day of EXHIBIT" A" EXHIBIT "B" PROPERTY DESCRIPTION BEING a descnpUon of 116.870 acre tract of land situated in the R. H. McEWING SURVEY ABSTRACT NO. 1154. in the City of Colleyville. Tarrant County, Texas, and being all of Lot 1 in Block 1 of Lav.a Trail Addition. an addition to ... City of Colleyvl'le as shown ontlwt Plat recorded in Volume ."'141, alP... 100 of the PIIt Records of Tarrant County, Te.., all of Loti. Block 1 of Miller Additlon,an addition to the City of COlleyville, aSlhown on the Plat recorded in Volume 388-160, at Page 21, aU of Lot 1. Block 10f Lancaster Hill Addition and addition to the City of Colle",ille as shown on Plat recorded in Volume 38a..219, at Page 19 and a portion of lot A ot Giacomini Addition aft addition to the Cly of CoUeyvll1e as shown on the Plat recorded in Cabinet A, at Slide 1002 of tbePlat Records of Tarrant County, T..s, said 1$.870 acre tract being more fully described as follows: BEGINN.NG at a 111..inch sma' rod set for comer at the northwest comer of Lot 1. t Block 1, of said lav.ca Trail "ddRion. being on 'he southrilht..of-way line of Levaes Trail (I callad 10 foot wide right-of-way). and being the northwest comer of Aid Lot 1,Block 1; THENCE North 8' deg. 54 min.'S sec. East. along the $lid .outh right-of-way Un. of Lavac. Trail, a distance of ~11.H f.tto a 1J2..inch steel rodut for comer and :>eing the northeast comaro' aid Miller Addition; THENCE80uth01 deg. 07 min. 21 aK.&ast, alongtha M. ine of ..aid Miller Addition andaaldsouth right-of-way ine, a distance of I.OO.feetto a 1/24nch St.1 rod set tor come' and being the northwest come, of Lancaater -till Addition an addition to the City of CoUeyviUe, as ihown on the Plat recorded in Volume 388..219 alPage 19 of :he Plat Records of Tarrant County, TeDs; rHENCE North Q deg. Mmin. 6& leC. East, along the north ine of said lancaster Hin Addition, a distance of 202.. Ht to a 1/2-ineh ateel rod aet for comer on the west in. of Lot A of Giacomini Acldition. an addition to the ~ity of CoUeyvUle. as shown on the Pi. recorded in ;abinet A atSUde 6002 of the Plat Records of Tarmnt ~ounty, Texas; rHENCE South 01 clog. 09 min. 15 sec. East, d.parting said .outh right-of-way line and along the common line between ..idlancaster Hill Addi~nlnd.ld Giacomini Addition, I distanc. o'.1.43fHttoa1/2..Jnch""rod set for ;omer atta bet"n:l~ ofl non....ntcurv. to the ight having a centralanglt of 0& et.g. 04 min. 36 sec., a adiul distance of22&OOf_t. a.chord distance of 23.81 Nt, and a Chord_dill of 10..37. deg. 03 min. 31 he. Easti THENCE southerly along said non....g.nt curve to the right, departibg Hid common line. an arc distance of n.86 tHUO a 1fZ..jnc.ft ste.. rodot for comer; THENCE North Q .g. 13 min. 62 sec.. East, a distanc. of 189.84 feet to a 112-inch ltal rod let for corner on the common line between Hid Giacomini Addition end McEwin Addition, an addition to the City 0' Colleyvilkt as shown on the P.lat recorded in Volume 3.88-21 at Page 447 of the Plat Records of Tarrant County~ Texas; THENCE South 01 deg. 06 min. 08 sec. East, along Hid common line. a distenc. of 384..10 fHt to a chiseled "X" found for COfl'lef and being on ta north line of a tract of land conveyed to craig Wallace: .. evidenced by the Deed Recorded In Volume 4872 alPafle 724 of the Deed Records I Tarrant County . TeXIS; THENCE South Bedeg.07min. 22 sec. West, a distance of $09.20 fftt to a 318..jnch steel rod found for comer and Hlng an angle point ita the north Une of a tract of land conveyed to Mart. Stajduhar a. evidenced by the Deed recorded in Volume 1 &as. at Page 318 of the Deed Records of Dalll' County. Texas; TtENCESouth 88 deg. 48 min. 58 sec. West, a distance of 211.27 'ftt to a 314-inch pipe found for comer and Hing the southwest comer of previously mentioned Lot 1 in Block 101 Lavaca Addition; TH:ENCE North 00 deg. 57 min. 11 Me. West, along the west line of said lot 1, a distance of 1,068.34 feet to the POINT OFBEGtNNtNG; and containing 16.870 acres 0' land or 734.'55 square feet of land more or les$.