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HomeMy WebLinkAboutOrdinances (O-08-1658)-02/19/2008ORDINANCE 0-08-1658 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 1.5 ACRES ON TRACT 2F02, ABSTRACT 1692 OF THE JOSEPH WHITE SURVEY, FROM THE R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R30-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-08-001; 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 I, 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 0-08-1658 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. 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 of 1.50 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey from the R40-Single Family Residential zoning district to the R30-Single Family Residential zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and 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 0-08-1658 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~ day of 2008. The second reading and public hearing being conducted on the /~ ~ day of ~~~./LGr ~%t.W 2008. ATTEST Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Ketly Mayor APPROVED AS TO FORM AND LEGALITY: ~~~~ ~' Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map 6113 6208 6201 6103 .6129 Slt@ 6200 6100 6115 6101 ~ - ~~ 611d O f~-~V 6101 6001 5918. 6100 5917 704 -- - = - u ~, !' ~' ~ 604 608 -612 800 804 -= SHELTOhI R EXHIBIT "B"-Legal Description BEING A TRACT OF LAND OUT OF THE JOSEPH WHTTE SURVEY, ABSTRACT NO. 1852, TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT flF LAND AS DESCRIBED IN DEED RECORDED tN VOLUME 4177, PAGE 236, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS. BEGINNING AT A 5/8" IRON PIN FOUND FOR THE SOUTHEAST CORNER flF TRACT BEING DESCRIBED, SAID POINT $EING THE SOUTHWEST CORNER OF LOT 1. DUNN SUBDMSION, AN ADDITION TO THE CITY OF COLLEYYILLE, TARR;AN'I COUNTY, TEXAS, THE NORTHWEST CORNER flF LOT 1. BLOCK 1. CONGREGATION BETH ISRAEL ADDITION. AN ADDITION Tfl THE CITY OF CflLLEYViLLE, 7~RANT COUNTY, TEXAS, ACCORDING Tfl PLAT RECORDED fN CABINET A, SLIDE 6042. PLAT RECORDS, TARRANT COUNTY, TEXAS, AND LOT i , BLOCK 1, NADINE ADDITION, AN ADDTRflN TO THE CITY OF COLLEYViLLE. 7ARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 144. PAGE 51, PIAT RECORDS. TARRANT COUNTY, TEXAS; THENCE NORTH 8S DEGREES 23 MINUTES 00 SECONDS WEST 324.00 FEET ALONG THE NORTN UNE OF SAID LOT 1, BLOCK 1, NADINE ADDITION TO A PK NAIL. SET IN THE EAST' UNE OF HUNTER LANE FOR THE SOUTHWEST CORNER. OP TRACT BEING DESCRIBED; THENCE NORTH 204,20 FEET ALONG THE EAST LINE OF SAID HUNTER LANE TO A PK NAIL SET FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS EAST 10.80 FEET TO fiHE SOUTHWEST CORNER OF LOT i , BLOCK 1, FRED C. RIC£ SUBDMSiON, AN ADDITION TO THE CITY flF COLLEYVILLE, TARRANT COUNTY, TEXAS, AND CONTINUING IN ALL 320.00 FEET ALONG THE SOUTH UNE flF SAID LOT 1, BLOCK 1, FRED C. RICE SUBDMSION TO A CAPPED IRON PIN SET IN THE WEST L#NE O#" LOT 2. SAID DUNN SUBDMSIflN FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 204.20 FEET ALONG THE WEST UNE OF SAID DUNN SUBDMSION TO THE POINT flF BEGINNING AND CONTAINING 1.50 ACRES OF LAND, MORE OR LESS