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Home My WebLink AboutOrdinances (O-07-1611)-03/20/2007 TT Denied March 20, 2007 ORDINANCE 0-07-1611 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 6.4 ACRES OUT OF THE GEORGE W. TEETER SURVEY, FROM THE AG-AGRICUL TURAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-07 -005; 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 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in I r Ordinance 0-07-1611 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: 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 6.4 acres out of the George W. Teeter Survey from the AG-Agricultural 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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. Co~ day of The first reading Rnd public hearing being conducted on the ~ ~ 2007. The second reading and public hearing being conducted on the 9a...-tc'1 2007 . DENIED MARCH 20, 2007 ATTEST: CITY OF COLLEYVILLE ./ / Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: / Matthew C. G. Boyle City Attorney Ordinance 0-07-1611 Page 3 of 3 ~ >JJ day of I EXHIBIT" A" 1105 1105 1117 R-20 AG AG 1104 1108 1305 1100 1315 1209 1301 11 ~ 1100 1303 1109 EXHIBIT "B" FJELD NOTES to Ihat certai11lnlct situlted illlhe GeOl1le W. Teeter Survey. Abstm'1 NUlllber 1543, i,l the City ofCol'eyville. 111111111 County. Texas. Illd bei.., Ihe IllUtl<! tract desclibed ill the deed to Clifton R. Duke Ind wife, Clndlce t Duke recor((ed in'Vollune 6) 18, Page 328 ofllle Deed Reconls ofTarnnl Cobnty, Texu; the subject tra~t beill8 more particularly described by met. and bounds IS (allows; : BEGINNING at the 1l0ltheaSlcomer or SIIIItLw T"rro<< Secliqll One acconlill' fo the plall"CCOfded ill Volume 388.31, Palle 66 of the Pial Records ofTllllIllt COllnt)'. TexIS. frrtm which a found 1/2 inch reOO bears North 12 Degrees East I diSCIIl1cc of 0.54 feet; THENCE North 119 Degrees 48 Minules 17 Second$ Eest with th~ north lille orllle tracl de$cribed ill dle deed to Clifto" R. Duke and ,,'ire, Clndace l. Dulce t\!((l~ ill Volume 6~ I Il, Page 128 orllle Deed \tecum of Tlrrant CQunty. Texas (sai~ tract hereinafter referred to lIS thoe "Olllce tnlet"). di~.llce of 272.06 feet 11). "2 inch rebU found allbe lIoltheasl comer ~lCrtof8nd the northwest comer oftl1e tract described in Ihe deed fo Robal velie Hubbard reconle<l in Volume '(\04. PIp 44~ oflhe $llid Deed Records; THENce South 01 Degree:'11 Minufes 46 Seconds East. Wilh tile easllinc oftlle $!lid Duke lract and Ihe wcslline oflhe pill Huhbanltract descril>cd ill the deed recorded in VolulIle 58(14. Pa,. 444 and Ihe west line of another lrl.ct 10 slIid Robert Gene H\Jbt..rd this aile recorded ;fl Volume 58114. Pale 446 orl/~ ,.id Deed R<<'Ofu, a tOtal distallce of 969.16 feet to. 5/8 inch rebar fOllndlt. salienl comer in the north line of Block I of nU! Lake.. o.rSDmerset reconlcd irt C.binel ^. Slide J 12 ofdle sai<l Pial Records: THENCE SOU~1 fill D~rees 06 Minutes 01 Serolld West. with fhl' flonb liile of said BIlf<'k I . dist.,lce or 15.'17 feel 10. 1/2 i'lCh reb8r fuund 81a ree.llranl c<)me-Qfsai<jllorlh line; THENCE NMh 89 DegrtC'S J 7 Minutes 43 5e'COllds West. cOlllinuing ""Ih Ille l10rtll li.te of Block I a d[~rance of26.39 rcello. bend iu said llorth line. (tom which a 51ll inch rebar fouud beattl Nort\t 36 ~8rees West a dis...nce of 0.38 feet; THENCE NOM 89 ~grees 20 Minute! 40 Seconds West. continuing wilh lllil' north lilJe of Block 1 a diSlance of 270.19 f~1 to a 2 inch iron pipe ISlid p~ was removed hy others and set in another lOCUli on and sllown hereoll) found a. file soulheast comer of SIIlIri!e T'rf~ Section Two recorded in Volume 381l-)!!, P.~ 91 ufllll'said Plat Rtcords and tbe soUlltwest corlJeI' ofllle Duke tnlet; THENCE North 00 Degrees 10 Minutes 37 Seconds West. with the \\.'allinc oflhe Duke lraC18l1~ file east lint of slid Sunrise Terrace Sections Olle & Two II dislBIlce of9811~6 feet reluming 10 Ihc PL.4CE OF BEG1NNll\rc and cm"losing 6.419 1(rt'S.