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HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2043)-05/15/2018 ORDINANCE 0-18-2043 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.96 ACRES, TRACT 1R09, ABSTRACT 1619, IN THE S C H WHITTEN SURVEY LOCATED AT 2313 HALL-JOHNSON ROAD, FROM THE AG-AGRICULTURAL DISTRICT TO THE R-20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC18-007; 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 designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health and 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 to, 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 Ordinance 0-18-2043 Page 2 of 3 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 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 0.96 acres, Tract 1R09, Abstract 1619, in the S C H Whitten Survey, located at 2313 Hall- Johnson Road, from the AG-Agricultural district to the R-20 Single Family Residential district, as depicted in the attached Exhibit "A" and Exhibit "B". 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. Ordinance 0-18-2043 Page 3 of 3 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of May 2018. The second reading and public hearing being conducted on the 15th day of May 2018. PASSED AND APPROVED BY A VOTE OF ( AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF MAY 2018. Mayor Richard Newton Mayor Pro Tern Bobby Lindamood Place 1, Tammy Nakamura /Place 5, Chuck Kelley ,seas E) Place 2, Kathy Wheat f1yti Place 6, Callie Rigney Place 4, George Dodson //If- ATTEST: SOF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVE ' 0 FORM AND LEGALITY: Whit . Wyatt City Attorney Ordinance 0-18-2043 Page 3 of 3 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of May 2018. The second reading and public hearing being conducted on the 15th day of May 2018. PASSED AND APPROVED BY A VOTE OF [O AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF MAY 2018. Mayor Richard Newton ,m-L Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura I91 Place 5, Chuck Kelley RECuseb Place 2, Kathy Wheat Place 6, Callie Rigney flyE Place 4, George Dodson /rye ATTEST: OF COLLEYVILLE 1 Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: dbid-telk-/ Whitt L. Wyatt City Attorney Exhibit "A"- Zoning Map 5805 5802 5803 5802 580! 5803 5800 5801 5800au5801 2404 2406 CI BALLANTRAE DRIVE _ V I 0 E < 2203 2205 2207 2301 2303 2305 2307 2309 3 2401 2403 2405 2407 w Z I R- 0 HA 5713 5712 5709 5708 5709 2317 '.‘ ",,\ 2207 6708 5705 R-20 2313 L -.= 6712 57oa 2309 5700 5704 5701 ' • : ' 2319 2400 2404 2408 2304 a V , ) 2308 rg- 5609 i ARBOR GATE LANE MULBERRY COURT 2309 5605 2405 2409 2413 2417 AG 2305 5606 5602 5603 2400 2402 2404 5601 5513 5600 5606 5607 SPRUCE COURT 5507 5509 5506 56"---------- 5605 2401 2403 2405 5505 ' l ' ZC18-007 i•3 -, j__ �'ilrhl .1. COLLEYVILLE ,_," pt, . 2313 Hail Johnson Road 1"° T Pin 0�A�, •i 1r� DISCLAIMER: L" _ji eli -r-, This map and information contained in it were ;I`"l j r developed exclusively for use by the City of Colleyville. -- aq I Any use or reliance on this map by anyone else is �•- i.i ci'• at that partys risk and without liability to the I City of Colleyville,its officials or employees for any Subject Property �.. discrepancies,errors,or variances which may exist.