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HomeMy WebLinkAboutOrdinances (O-06-1600)-12/19/2006 I' ORDINANCE 0-06-1600 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 BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW GRAZING ANIMALS ON 17 ACRES IN THE R.N. MCEWING SURVEY, 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-06-027; 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 HEREAS, 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, 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 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. Ordinance 0-06-1600 Page 2 of 3 OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS: ec. 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. ec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow grazing animals on Tracts 184, 182, and 183 of the R. N. McEwing Survey, Abstract 1154 and Lot C, McEwing Subdivision, as depicted in the attached Exhibit "A" and described in the attached Exhibit "8" subject to the following conditions: 1. If the property is rezoned in the future, the SUP permitting grazing animals will be revoked. 2. The number of animals shall be in conformance with Chapter 42 of the Colleyville Code of Ordinances. ec. 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. ec. 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. eC.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. ec. 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. eC.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. Ordinance 0-06-1600 Page 3 of 3 I ND IT IS SO ORDERED. hearing being conducted on the 2006. $~ /9~ day of day of ynthia Singleton, TRMC ity Secretary CITY OF COLLEYVILLE Lb~({ David Kelly Mayor PPROVED AS TO FORM AND LEGALITY: EXHIBIT "A" EXHIBIT "B" TAAfWfT COUNJY. TEXAS, 6897. PACE 564. f:Oft' HtAST c, TO D~ OUNe fAACT I-ICfWING ACGOHt;:N,G to Pt.)..! 1i XA'S, ANi) 10 IHE CITY Of 4e~ r<~\c[ ,87ft CO\..INfY. 1',:;rl flAN'! A TM:~:~w OF tA.N{j <;H.j; {}f IdfH,h. Met::'WiNC SVRVC(~ A851AAC'f hh;-, 1 't54~ lARAANrCCVNT'f, SAME n~Cl Of LAND A,$ OLSCRlSE:) iN ott::O RECORCj{.D iN V()LUMf 4989. PAGe '!'ARRA.NTCOUNTY. n::XAS. ANOBtiNC t)($CRIOm AS FOUOWS A lj;t" IRON PiN FOUND IN IHE NOfl'fH UNE Of 'h. \,AVAt:;A ti<A1t f OJ< SOIJltfl'll.SI TRACT BErNG D[SCRlflED. '$AlO POINl ALSO flFIN(j THE: SOUTHEAST CORNIR Of TRACT SuBOiVl$lON AND ElYDEEO m::1NG U:J.CATEUl $12.J~1 HEr $Ql)TH Q m::CHH5 JO MINliH. ,; 2487. T!:I rED EAST HWM un: NORTHWEST CORNER or SAID MeEWlN!:; SIJRVlY, NO~li~ 00 !lWRttS2:t MINUTES 54 SECONDS EAS16J8.55 n:t:T (OEeD CALL NORTH 6~.42 AtON<; n~f [AS! liNt OF $Ml)mACT C.VofWlNG SUaOl\llSllJN TO ^ , r2*mON PIN fOUl'll) iN TNT LINE OF RLOCK 1. REMINGTON PARK, PHASE TWO, AN AJ)l)IT10N TO nit CITY of COLU.YVllLE, lARRANf COONfY. n::XAS. ACCORDlNG ro niEfltAT RECORDED IN CABiNET SUOC 400T. PLAT RECORDS, 'tA!?PAN! CnUI'liY. T!YJ\S. FDR THt:' NORTHWEST CORNER nf iP..ACi BEiNG <:.ftlfJ 9t)Il'H .totS-C' BEiNG THE NORlHf.A$T CQRNf:ROF SAiD TRACT C. MeEWlNG sueOMSION; THENce NORtH 89 tlf:CRFES <3<4 MINUTES .'\'2 SECONDS fAST 2;O.J60 ff::[T(DEED CAll EAST 204 lO} THE SOUTH ut.'E or SAlt> BLOCK .~. Rfl.llNOTON PM'<<. PHASE 1'/,'0 TO A J/8" IRON P,N F,JUNl) mE NORiHfAST CORNER OF TRACT BEING DESCRIBED. SAIO POINT At$(} BEING THe SOUTiIEASl C1JRNtR Df lor 15. SAIl) aLOCl< ~, R€.MINGTON PARk.. PHASE TWO; IHE.NCt::,>CIlJIH 00 DEGRErs:,:? MiNUTES tm :,tCt)NOS WfST 471\!F, n:t1 (tIfEu CALL 80<IJ111) .A.LONG THE WEST UNE Of 'SAID BLOCK 1, REMINGTON PARK, PHASE TWO, TO A (;APpro IRON PIN SET FOR lHt: SOUTHWl;<Sl CORNER or lOT \7. SAlD8lOCl< 1. f~EMINGH)N PARK, PHASi TWO. SAID POI!>lj A1st) THE NORTHWEST COONER Of LOT A2. E.A. SMITH ADD!1iON. AN ADOlTlON IN T~^Nl TEXAS. ACCORDfNG TO THE PLAT RECORDED IN VOLUME 388-C{), PAG( 31. PLAT RECOROO. lARRAN1 COUNTY, TEXAS; IHfNC( SOUlH 00 DEGR[ES n MiNUTES 0$ StCON()S EAST H'>n.fJ4 ALONG fH[ wt::ST UN!: Of :?:.AID A2. EA. SMITH A(l()liION TO LINE o.w LA.\(ACr. TRA.1t rop SCH.HHEAS! CORN[f( ('If' IHENCf: soum 6\# OrGRr:r::s M1NlJTES. 4,'5 S[(X)NDS ALONG THE NORTH UN( or ?iA!D 'II LAVNGA TRAIL ;:~.SJ?!~ ?tCf<[;:jc;r tA,t:~V.l MOf~r OR C[SS (0([ [; {,;\ u. N PlN roUWD PlEl[l); FEU (DEW CALL WEST or BtGINNINr. ANn N0$(111 ;~()4 ..ltJ