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HomeMy WebLinkAboutOrdinances (O-06-1598)-11/14/2006 ORDINANCE 0-06-1598 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 1.3 ACRES IN THE JOSEPH WHITE SURVEY, ABSTRACT 1692, FROM THE AG-AGRICUL TURAL ZONING DISTRICT TO THE R30-SINGLE FAMILY RESIDENTIAL ZONING 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-06-024; 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 HEREAS, 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 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 0-06-1598 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: 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 I that this ordinance shall take effect immediately from and after its passage. ~ND IT IS SO ORDERED. . ~ The Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. i I 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 zoning district to the R30-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. lic hearing being conducted on the 2006. '7 >;( day of Ordinance 0-06-1598 Page 3 of 3 The second reading and public hearing being conducted on the /.y~ day of r~ 2006. ATTEST: ~ '~ Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE em ~ Mayor Pro T em APPROVED AS TO FORM AND LEGALITY: ~ lh. r,1\ Matthew C. G. Boyle City Attorney EXHIBIT" A" EXHIBIT "B" ALL that certain tract or parcel of land situated in the JOSEPH WHITE SURVEY, ABSTRACT 1692, Tarrant County, Texas and being a portion of that same tract des<:ribed to Darrel and Marian Burrow as recorded In Document 0205021960, Deed Records, Tarrant County, Texas and also being more particulClrlydes<:ribed by metes and bounds as follows: BEGINNING at a 5/8 inch steel rod found at the southwesterly corner of that same tract described to Thomas and Edna Dolan as recorded in Volume 9207, Page 441, Deed Records, Tarrant County, Texas and being In the apparent northeasterly right-of-way line of Pleasant Run Road (a variable width right-of-way); THENCE North 53 degrees 14 minutes 56 seconds West with the southwesterly boundary line of said Burrow tract, 261.03 feet to a 3/8 inch steel rod found at the most westerly corner of said Burrow tract and being 47.5 feet southeasterly of the centerline of the tracks of the Regional Rail R.O.W. CO. (aka DART) as recorded in Volume 10146, Page 640, Deed Records, Tarrant County, Texas.; THENCE North 47 degrees 17 minutes 37 seconds East with the northwesterly boundary line 305.18 feet to the west edge of a metal fence post at the most northerly northwest corner of said Dolan tract and being 48.7 feet southeasterly of the centerline of said tracks; THENCE SOuth 43 degrees 01 minutes 50 seconds East with the westerly boundary line of said Dolan tract and continuing with the southwesterly boundary line of that same tract desCl'lbed to Thomas and Edna Dolan as recorded in Volume 11434, Page 2316, Deed Records, Tarrant County, Texas, 184.21 feet: to the west edge of a metal fence post, THENCE South 31 degrees 38 minutes 29 seconds West with said southwesterly boundary Hne, 268.42 feet to the place of beginning and containing 1.4463 acres, more or less, as surveyed by Maak Surveyors, Inc. In the month of August, 2006.