HomeMy WebLinkAboutOrdinances (O-08-1653)-01/15/2008ORDINANCE 0-08-1653
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 LOT 1, BLOCK 1 OF THE BURBANK ADDITION AND
APPROXIMATELY 0.24 ACRES OF BLACK DRIVE RIGHT-OF-WAY, FROM THE
PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT AND
THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R20-SINGLE
FAMILY RESIDENTIAL 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-07-035; 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, 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 0-08-1653
Page2of3
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:
Sec. 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 Lot
1, Block 1 of the Burbank Addition and approximately 0.24 acres of Black
Drive right-of-way, from the PUDR-Planned Unit Development Residential
zoning district and the R40-Single Family Residential zoning district to the
R20-Single Family Residential 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.
Sec. 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.
Sec. 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.
Sec. 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.
Ordinance 0-08-1653
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~ ~ day of
2008.
T e second reading and public hearing being conducted on the /~~ day of
2008.
ATTEST:
', Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"- Location and Zoning Map
r
I
48 D9 301 303 309 313 405
101 `\
~
105
109
113
117
121 ,
125 f /
~
4807
4805
4802
4804
4808 \
48 U8 Site.
4800
D3
4913
/
4704 /~ 48 D1
~ 4803
/
+~ 4805 4807
4709
200
300
304 306
312 400.
4105
~
47 U2
4708
4703 4704 4706
4707
SDE
~ / ~
/ 47 D1 I
4705
47 D2 I
~
r
~+
;
47 D5
4805 /
47 D0 41 U9
4703
202 204
08
08 2fU
47 U3
05
05
4803 ~ 4701
47 DU
4701
4604 al Dl
200 r
/
J
4808
4605
102 450D
4804
207
48 D5 201 4808
4807
~~ 104
~
203 205
48 D4
4805
\ 106 110
~~
'\
168 112
200 202 4802
4603
, 204
206 208 210
_
`- 212
/
4001 ~~
-.,~~ ~
~~ ='
1D1
EXHIBIT "B"-Legal Description
LEGAL DF..SCRIPT~UN
FQR
R.O.W. BLACK STREET
BEING .A UF.SCRIPTidN dT' A d0' RIGHT OF WAY LOCAT.E.D ALONG THE SOUTI LINE OF
LOT I BtfiCK I OF IIURBANK AUDITION AN ADlrfi'i'tON TO THE CITY QF GOLLEYVILI.>i,
TARRANT COUNTYR TEXAS ACCORDING TO TH.E PLAT THERFUF RECORDED IN
CA1;'iNlaT A 5LIDT 4839 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS A1~ID
BEING MORE I',ARTiCULARLY DESCRIBED AS FOLLOWS:
B'E;GINNING AT A h" IRON ROD SET AT THE SOUTH. WEST CQRNEIC OF SAID LOT 1. QF
SAi1f AB1yITtflN AND BEING THE NORTHWEST CORNER OF THE RIGHT OF WAY LtNE
o>r sArD BLACK STREET AND BEING IN TTY rAST LrNE oF~ Lor 9 tN BLOCK A OF MILL
CREEK ADDITION PHASE I AN ADDITION TO THE CITY OF COLLEYV,tLLE, TARRANT
COUN1'X, TEXAS ACCOIt,U1NG TU TH,E MAP OR PLAT THEREOF RECORDED iN
CAHINET A, SLIDE 595 OF THE PLAT RECORDS dF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES {'~ M1NI1'l'ES 24 SECONDS EAST W1'CH THE SOUTH. LINE
OF SAID LOT I AND TItE NORTH RIGHT OF WAY LINE OF SAtD BLACK DRIVE A
t>.ISTANCE 8F 25d.S0 FEET TO A T/x'" IRON ROD SET FOR CORNER AT TI~I:F. 50UTHEAST
CORNER QF SATb LO'T ];
T.IIFNCE 30UTH 00 DEGREES 10 MINUTES ]9 SECONDS EAST ACROSS TTtE RIGHT OF
WAY OF' BLACK DItTVE A. DISTANCE O.F 44 .FRF.,T Tq A POINT ]N THE tvORTH LINE OF
LOT Z9 BLOCK D Off' MILL CREEK AOtiITION, PHASE III AN ADDITION TOT.NT CITY OF
COLLEYVILLE, TARRANT CUUNTX, TEXAS ACCUR>iZNG THE PLAT' THEREOF
RECURRED IN CA,BTNET A, SLIDE 1 I52 OF THE PLAT RECORDS OF TARRANT COUNTY,
TEXAS;
'.THENCE WITH SAID NORTH LINE OF SAID ADDXTtON NORTH 89 DEGREES 46 MINL!'I'tti5
2d SECONDS WEST A l}iSTANCE O'F 255.0 FEET T4 A M?tNT IN THE NORTH LINE OF LOT
28 ttLOCK D OF 5AT,0 MlL[~ CREEK ADA.ITION, PHASE .Ill ,A.ND SE~NG T'HE SOUTFtWEST
CORNER OF SAID BLACK DRIVE AND BEING 2HB SOUTHEAST CORNER OF LOT 9
BLOCK, D OF SAID MrI.L CREEK ADDITION .P ~IASF, I;
THENCE NORTH 00 DEGREES 33 MINUTES 53 SECONDS EAST WITH THE EAST LINE OF
SAID MILL CREEK ADDTTTOi~, PHASE 1, A DISTANCE OF AO.tt FEET TD THE POINT OF
BEGINNING AND CONTAININ+C 0.2d ACRES OF LAND, MORE OR LESS
THIS DESCRIPTION WAS MADE FROM QFFICE MAPS AND NOT AN ACTU,iL ON THE
GROUND SURVEY OF SUBJECT RIGHT OF WAY.