HomeMy WebLinkAboutOrdinances (O-07-1612)-03/20/2007
ORDINANCE 0-07-1612
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 0.65 ACRES OUT OF THE S.C.H. WITTEN 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-07-006; 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
Ordinance 0-07-1612
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
0.65 acres out of the S.C.H. Witten 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.
tf,~
IThe first reading and public hearing being conducted on the
2007.
day of
, ,
Ordinance 0-07-1612
Page 3 of 3
The second reading and public hearing being conducted on the 020 ~
~C2A r ~ 2007.
;y]~~c~
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
~ lJ1. ~"^\
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
11>~~
David Kelly ()
Mayor
day of
EXHIBIT" A"
EXHIBIT "B"
STA1t OfF 'I'fXAS
COUNIY OfF TNWHT
KNOW AU. WEN BY lHES'EPRESENTS:
THAT WE. I.ARR'f $1tWMf CI.IS1'OW HOWES. LP.. DtINO MOWERS OfF THE F'ClU..OWING OESCRISED PRClflmrf 10 W":
BEING A TRACT or LAND OUT or TtIE S.C.'" WITTEN SUR\IEY. ABSTR'ACT NO. Hl1t. TARIWlJ CoumY. TEXAS. AND
9ElNC THE SAME 1RACT or I.NIO 10S DESCRIBED IN DEED RECORDED IN COlJNIY CLERl<S NO. 0201361810. DEED
RECClfiDS. TNWM' COUNTY. lEXA$.NfO BEINO 0E:SCRIeE0 NS f'OU.OWS:
BEGINNING AT A CAPPED IRON PIN SET IN THE EAST UNE Of' lOT 15. BlOCK 1. MONTCLNR PARe. AN ADDIT10N TO
TtIE arr Of c::ou..E'M.l.E. TAIWHT COUNJY. TEXAS. ACCORDING TO THE PlAT AfOOAOED IN CABINET " SlIDE 11 "'.
PLAT RECORDS.TNWHf COUNtY. l!XA$, FOft 1M[ HOR'IlME$T CORNER Of 1RACT eaNG DESCRIlED. WO POINT
BOC tHE SCilf1'HW!ST CORNER or LOT 1. BLOCK 1. ROllINSON ADEIITIOH. AH ADOmOH TO ltl[ CI1Y Of' COI..Lf."t'IUE
TNWH\' COUNTY. TEXAS. ~ TO 1M[ PlAT RECORtlEOIN VOWWE __'82. P/iGE 59. PLAT .~-:..TARRAHT
COUHIY. TEXAS. ANO 8\' DEED BEING LOCAtm Use.1 VNW$ EASr AND B20 FEn SOUYH fROI,f THE NUl'(I",,"1 CORNER
or 5M) S.c.H. wrT1'[N SURVEY:
THENC[ SOUTH. DEGREES 32 MINUTES 38 SECONDS EAST 282..20 FEET (oEm CAU. fAST 210.55 FEET) AlONG
THE SOUTH UNE OF .s.w LOT 1. BLOCtC 1, R08INSON .ADOmOH TO A ~~.. IRON PIN FOUHO IN THE WESt' UN[ or
MONTC\.AIR DRIVE FOR H NDR1HEAST CORHER OF TRACT BEING DESCRIBED AND THE SOVTHEASf CONNER OF' $AI)
LOT 1, Bloac 1. ROBINSON 1DOmON;
THENCE SOUTH 100.00 FEET ALONG 'mE WEST UNE Of SAID IwION1'CI.AIR DflM: TO A POWER PCU FOR THE SOIJTHEAST
COIHR Of' TlW:1' BEINe DESCRIBED. WO POINT BPW THE N(lR'IltEAST CORNER OF' A TRACT OF lAND AS OESCRI9EO
tN DEED flECORDED IN VOWME '.9'5, PACE 18, DEED RECORDS. lARRNff COUNlY. TEXAS;
~~n~~~38~~~~~~~~~~
THE NOR1lf UNE Of SAID lRACT Of LAND IS DESCRIilED IN DEED RECORDED IN VOUlUE 14915. PAGE 18 TO A 1/2"
IRON PIN F(MJNl) IN THE I'AST UN&: Of LOT 11. ~ BlOCK 1. ~R PARe FOR THE SOUJHWtST CORNER of
lJW;T BEING DESaUED AND FOR THE NOR'IlfWEST CORt<<R Of SAID TRACT OF' LAND AS DESCRIBED IN DEED AfCOftOED
IN VOUJME 14115, PAGE 18>
lHENCE NClRI'H 100.00 FUT ALONG 'THE EAST UN[ Of SAID BLOCK " WONfctAIR PARe TO 'THE POINT OF BE~NlNG
AND CONT.....lNG 0.648 ACRES or LAND. MORE OR LESS