HomeMy WebLinkAboutOrdinances (O-10-1749)-05/04/2010ORDINANCE 0-10-1749
AN ORDINANCE AMENDING ORDINANCE 0-06-1567 AND 0-09-1715
CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE;
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 Council approved Ordinance 0-06-1567 on March 21, 2006, to
establish the zoning of 22.9 acres out of the G.W. Minter Survey, Abstract
1034; and
WHEREAS, the City Council approved Ordinance 0-09-1715 on April 7, 2009, to
amend the residential zoning district requirements on approximately 22.9
acres known as the Heritage Oaks Addition; and
WHEREAS, the applicant has requested an amendment to Ordinances 0-06-1567 and
0-09-1715 to further amend the residential zoning district requirements on
approximately 22.9 acres known as the Heritage Oaks Addition under
Case ZC10-005; 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; 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
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
Ordinance 0-10-17~
Page 2 of
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
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 amending Ordinances O-
06-1567 and 0-09-1715.
Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of
approximately 22.9 acres of the Heritage Oaks Addition, depicted on the
attached Exhibit "A" labeled as Location and Zoning Map and Exhibit "B"
labeled as Site Plan.
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUDR is for a single family attached and single
family detached dwelling residential development, constructed at a
maximum density of 4.4 dwelling units per acre.
b. A maximum of 100 total dwelling units shall be allowed within this
PUDR and no more than one dwelling unit shall be allowed per
each platted lot.
2. OTHER
a. A replat shall be submitted and approved by the City Council, prior
to issuance of a building permit for any single family detached
dwelling.
b. Off-street parking required for this development shall meet all
requirements of the Land Development Code except that, in lieu o1
parking off-street, required parking for single-family detached
Ordinance 0-10-17~
Page 3 of
homes may be located along the private streets within th
development subject to final approval of the Public Works Director.
Sec. 5. THAT the above described tract of land shall be used only in the manr
and for the purposes provided by the Comprehensive Zoning Ordinance
the City of Colleyville as heretofore amended and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the provisions
terms of this ordinance shall be subject to the same penalty as provid
for in the Comprehensive Zoning Ordinance of the City of Colleyville, a
upon conviction shall be punishable by a fine not to exceed the sum
Two Thousand Dollars ($2,000.00) for each offense.
Sec. 7. 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. 8. 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. 9. THAT it has been found that there has been a change in conditions in tl
above described property, it is now necessary that it be given the abo~
zoning classification in order to permit its proper development and in ord
to protect the public interest, comfort and general welfare, and require
that this ordinance shall take effect immediately from and after
passage.
Sec. 10. THAT Ordinance 0-06-1567 and 0-09-1715 shall remain in full force ai
effect, except where amended by this ordinance.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~ day
2010.
The second readin and ublic hearin being conducted on the °'i"~day
g p 9
2010.
Ordinance 0-10-17~'
Page 4 of
ATTES CITY OF COLLEYVILLE
~.J
ynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
1
Matthew C. G. Boyle
City Attorney
Exhibit "A" -Location and Zoning Map
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