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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 ~„ 5309 s3o3 ~ AG moo szo7 szas 5zao 142 B 1 8 O 41 14a ~ a .,a szol ~, ,a ~ a~` ~ 123 87 a ~ ~ 51za a 9? 1 s12 PUQR s2so r7~ as ti ~ ; SITE ~ ~' W N ~ 511 5113 1 5110 100 m ~~'~ 9744 ~ 53 X17 ~ BLACKJACK 9749 2 ~ 5042 120 r 53 0 Sros2 vs7 16 50 5013 9756 B1 12 X09 5060 95 9708 9764 5069 3708 57)04 9705 GLADE RD 3809 3608 3612 AMBE R1f ?613 rUQ.R 3605 3609 4900 3604 3608 3612 Exhibit "B" -Site Plan ..~._- - t r_r~~~,~~~ ~ar~,f„~~ .~.ti; „ .,. ~ ~ i ... _" _ _ --_------- -- _ - --r-----~-, ~, ~ _ - -- - t z wur. ~ ~ ~ ~ A j ~ ~ ,.oar sPn~ti .. ~;r ~.,_ ,, ,..,~~~-.f~ ~~ '`, ~ aRE _~= ~ I ~ ~ r ~_ I ~ __ ~ SE'~€ ~ ~ .~ ~` ~ _ ~~ - ~ ~ .f ..,.« F ~~ /_ 1 r _ ~ ., ., ,.:, yr ~ - - - ..~ 1..~Z , y--~-f r^' ,~~ f _, _ -- ~ --- .'~~~ i f - - J,• ~ ~~ - ~ ,, f ? ~ ~„ ~ ( J . ~K ~ ~~ ~~ ~. ~ S i~ ~ ~ I, ~ r ~ ,~ f !. € # - ~ r _ i ,. 1 ~ ;.; ~ _ „ , i I ~ ~ ~ E ~ ~~ ~ ~ ~ ~ SERVE ~ ~ ~ ~ r~ f _ _ ,__. ~ ~__ ~ -- ~ ~ __ , ' ~ ; ' - .. ~ v. 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