HomeMy WebLinkAboutOrdinances (O-90-776)-08/21/1990
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0-90-776
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ORDINANCE
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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
GRANTING THE ZONING OF BLOCK 1, LOT 2, LAVACA TRAIL ADDITION
TO THE CITY OF COLLEYVILLE, TEXAS FROM AG to SPECIAL USE FOR
KENNELS (BREEDING, TRAINING OR BOARDING); PROVIDING A PENALTY
AND AUTHORIZING PUBLICATION.
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WHEREAS, an application for zoning change was filed by Verl
and Ruth Ann Plain, on March 19, 1990 under Case
No. S-90-32 and,
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WHEREAS, notice of a hearing before the Planning and Zoning
Commission was sent to real property owners wi thin
200 feet of the property herein described at least
10 days before such hearing; and,
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WHEREAS, notice of a public hearing before the City Council
was published in a newspaper of general circulation
in Colleyville at least 15 days before such hearing;
and,
WHEREAS, notices were posted on the subject land as provided
by the zoning ordinance; and,
WHEREAS, public hearings to change the zoning and the Master
Plan on the property herein described were held
before both the Planning and Zoning Commission and
the City Council, and the Planning and Zoning
Commission has heretofore made a recommendation;
and,
WHEREAS, the City Council is of the opinion that the zoning
change herein effectuated furthers the purpose of
zoning as set forth in the Zoning Ordinance and
is in the best interest of the citizens of the City
of Colleyville;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
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Sec. 1. THAT the Master Plan, the Zoning Ordinance of the
City of Colleyville, Texas, and the accompanying
Zoning Map (as indicated in Exhibit A) are hereby
amended insofar as they relate to certain land located
in Colleyville, Tarrant County, Texas, and described
by metes and bounds (Exhibit B) as follows:
Ordinance 0-90-776
Page 2
Exhibit IIAII
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Ordinance 0-90-776
Page 3
1 Exhi bi t liB"
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LOT 2, BLOCK 1
LAVACA TRAIL SUBDIVISION
COLLEYVILLE, TARRANT COUNTY, TEXAS
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The following described trlct or plrcel of llnd betng Lot 2,
Block 1, lAVACA TRAIL SUBDIVISION, to the Cfty of Colleyvflle.
Tarrant County, TeXIS according to the pllt recorded on Plge 100
of Volume 388-141 in the Tarrant County Plat Records Ind being
more parttcularly described IS follows:
BEGINNING It In tron rod at the Northwest corner of safd Lot 2
and being the Northelst corner of Lot 3, said Block 1. satd
LAVACA TRAIL SUBDIVISION and betng in the South line of lavac.
rra 11 ;
THENCE East 110ng the South line of satd lavlc. Trltl a
distance of 208.0 'eet to an tron rod at the Northeast corner
of said Lot 2 and betng the Northwest corner of lot 1, said
Block 1, safd lAVACA TRAIL SUBDIVISION.
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THENCE South I distlnce of 1067.99 feet to In fron rod It the
Southeast corner of s.id Lot 2 ;
THENCE S 89. 49' 21" W a dfstance of 208.0, feet to an iron rod
at the Southwest corner of Slid Lot 2.
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THENCE North I distance of 1068.63 feet to pl.ce of beginning.
containfng 5.1 acres or 222, 208 square feet of land.
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SECT I ort 33
AHENDMENTS: FREQUENCY OF PETITIO":
AND SITE PLAN REQUIREMENTS: ZONING AND SPECIAL USE
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PERMITS
33.1 PROCEDURES AND REQUIREHENTS - The regulations and restrictions imposed and
the districts and boundaries created by this ordinance may be amended from
time to time by the City Council, but no such amendments shall be made
without public hearing before the Council and after a public hearing and
report has been made upon the amendment by the City Planning and Zoning
Commission. At least (15) days' notice of the time and place and nature
of such hearing shall be published in a publication having general circu-
lation in the City of Colleyville.
Written notices of all such Public Hearings shall be sent to all owners
of real property lying within two hundred (200) feet of the property on
which the change and classification is proposed, such notices to be given,
not less than ten (10) days before the day set for hearin~ as listed on
the last approved City tax roll. Such notice may be served by depositing
letters properly addressed and postage paid in the City Post Office.
The app 1 i cant wi 11 be sent not i ce by reg i stered ma i 1 .
Futhermore, the Administrative Official is directed to cause a sign to be
placed upon the property clearly visible to passersby which states that
the property is the subject of a rezoning appl ication, (or words of 1 ike
intent). The sign shall be posted at least 15 days prior to the hearing
and shall remain posted until the hearing. Failu~e to perform this parti-
cular notice provision shall, however, in no way prevent the Planning and
Zoning COmmission from hearing the application and disposing of the issues
involved on the hearing date. .
In the event the Planning and Zoning Commission recommends denial of the
change, the matter shall be brought before.the City Council only upon writ-
ten request of the proponent filed with the City Secretary within thirty
(30) days of the date of the Planning and Zoning Commission recommendation.
Upon a timely written request of the pro onent e council shall consider
tne c ange an lrec weer or not an or lnance s ou e prepared or
readin and vote. An affirmative direction after a recommended denial b
the Panning and Zoninq Commission shall require a three- ourths (3/4)
favorable vote of all members or the City Council. All requirements as to
public hearings and notice shall apply to consideration hearings.
No change of which the Planning and Zoning Commission has recommended
denial or in case of a protest against such change, signed by the owners of
twenty (20) percent or more of either the area of lots or land included in
such proposed change, or lots or land immediately adjoining same and
extending two hundred (200) feet therefrom, filed with the City Secretary,
shall be passed except by a favorable vote of three-fourths (3/4) of all
members of the City Council. In computing the percentage of land area, the
area of streets and alleys shall be included in the computation.
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Ordinance 0-90-776
Page 4
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by granting the special use
the use of said property as
training and boarding).
zoning providing for
a Kennel (breeding,
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Sec. 2. Any person, firm or corporation violating any of
the provisions of this ordinance as read together
wi th the Zoning Ordinance of the City of Colleyville
and accompanying official Zoning Map thereto shall
be guilty of a misdemeanor and upon conviction thereof
shall be fined in a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and
shall be punishable as such.
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Sec. 3. The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption and
penalty clause hereof as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
day of , 1990.
The second reading and public hearing being conducted on the
day of , 1990.
The third reading and public hearing being conducted on the
AT~ day of 1990.
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CITY OF COLLEYVILLE
LaVada Johnson
City Secretary
Chris Hawkins
Mayor
Approved as to Form and Legality:
Ross T. Foster, City Attorney
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L/D/37/38