HomeMy WebLinkAboutOrdinances (O-07-1648)-12/04/2007ORDINANCE 0-07-1648
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 TRACT 1 F01 AND 1 F02, ABSTRACT 937 OF THE
NANCY B. LOONEY SURVEY AND LOT 2, BLOCK 1 OF THE STARBUCKS
ADDITION, FROM THE AG-AGRICULTURAL ZONING DISTRICT AND THE PUDC-
PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE CC1-
VILLAGE RETAIL ZONING 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-07-033; and
EREAS, 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
EREAS, 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
EREAS, 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, to 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
Ordinance 0-07-1648
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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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, 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.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot
2, Block 1 of the Starbucks Addition, from the AG-Agricultural zoning district
and the PUDC-Planned Unit Development Commercial zoning district to the
CC1-Village Retail zoning district, as depicted in the attached Exhibit "A",
labeled Location and Zoning Map and, a portion of which, is described in
the attached Exhibit "B", labeled Legal Description.
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.
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.
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.
Sec. 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.
Sec. 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.
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D IT IS SO ORDERED.
first reading and public hearing being conducted on the e2y~ day of
~~.t~/mow 2007.
reading and public hearing being conducted on the ~ day of
~.,•-, l vtJ 2007.
ATTEST: CITY OF COLLEYVILLE
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:ynthia Singleton, TRMC, CMC David Kelly
:ity Secretary Mayor
PPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"- Location and Zoning Map
EXHIBIT "B"-Legal Description
Being a 1.174 acre tract in the Nancy B. Looney Survey, Abstract No. 937, Tarrant
County, Texas and being portions of two tracts of land described in deeds to David
Patrick Linton and recorded im Volume 13934, Page 351 and Volume 1.3990, Page 212,
Deed Records, Tarrant County, Texas and being more particularly described as follows:
Beginning at a 5/8°' iron with. cap set in the westerly line of said Linton tract recorded in
Volume 13934, Page 351, in the easterly lies of a tract described in a deed to First Baptist
Church of Colleyville and recorded in Volume 15593, Page 51, said deed records, at the
southwest corner of Tract 5 as described in a deed to the City of ColleyviTle and recorded
under Tarrant County Clerk's File No. D206397239 and at the beginning of a curve to the
right itt the southwesterly line of Church Street;
Thence 1.89.83 feet with the arc of said cttrve to the right and the southwesterly line of
Church Street to a 5/8"' iron with cap found at the beginning of a curve to the left. Said
curve to the right has a radius of 258.00 feet, a central angle of 42 degrees 09 minutes 25
seconds and a long chord which bears S 45 degrees 35 minutes 40 seconds E, l 85.58 feet;
Thence 16t.98 feet with the arc of said curve to the left and the southwesterly line of
Church Street to a 5/8" iron with cap found in the easterly line of said Linton tract
recorded in Volume 13990, Page 212 and in a line of Lot 2, Block 1, Starbucks Addition,
an addition to the City of Colleyville as shown on the plat recorded in Cabinet A, Slide
10946, Piat Records, Tarrant County, Texas. Said curve to the left has a radius of 341.00
feet, a central angle of 28 degrees 03 minutes 25 seconds and a tong chord which bears S
38 degrees. 32 minutes 41 seconds >/, 165.32 feet;
Thence S 17 degrees 17 minutes 13 seconds W with the easterly line of said Linton tract
recorded im Volume 13990, Page 212 and a line of said Lot 2, 78.94 feet to a point at a
corner of said Linton tract recorded in Volume 13990, Page 2.12 and a corner of said Lot
2 from which a bent 518" iron. bears N 00 degrees 19 minutes 24 seconds W, 0.28 feet;
Thence S 89 degrees 16 minutes S6 seconds W with the southerly lines of said Linton
tracts amd the northerly line of said Lot 2, 215.52 feet to a 5I$" iron found at the
southwest. comer of said Linton tract recorded in Volume 13934, Page. 351, the northwest
earner of said Lot 2 and in the easterly line of said First Baptist Church of Colleyville
tract;
Thence N 00 degrees 34 minutes 20 seconds B with the westerly line of said Linton tract
recorded in Volume 13934, Page 351 and the easterly line of said First Baptist Church of
Colleyville tract, 33'7.24 feat to the point of beginning and containing 1.1.74 acres or
51,.159 square feet.
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