The URL can be used to link to this page

Home My WebLink AboutOrdinances (O-10-1784)-12/13/2010ORDINANCE 0-10-1784 AN ORDINANCE AMENDING ORDINANCE 0-07-1630 WHICH ESTABLISHED THE~ ZONING OF LOT AR AND BR, OF THE E.M. THOMPSON SUBDIVISION 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 0-07-1630 on September 4, 2007, to establish the zoning of Lot AR and BR, of the E.M. Thompson Subdivision, and Lot 2, Block 1, Foster Addition; and WHEREAS, the City of Colleyville has requested an amendment to Ordinance 0-07- 1630, under Case Z-10-028; 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 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 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 Ordinance 0-10-1784 Page 2 of 3 ~ property owners generally, and to the persons interested and situated in'i, 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 Ordinance 0-07- 1630 which established the zoning of Lot AR and BR, of the E.M. Thompson Subdivision conditions. 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 the Village Front Door Addition, depicted on Exhibit "A" and Exhibit "B". Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. Ordinance 0-07-1630, Section 4(3)d is hereby removed and deleted. b. Not less than 100 percent of the air-conditioned area of Building (C) depicted on Exhibit "B" shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. Sec. 5. 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. 6. 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. 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. Ordinance 0-10-1784 Page 3 of 3 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 the above described property, it is now necessary that it be given the above zoning ctassification 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. Sec. 10. THAT Ordinance 0-07-1630 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first re din a~nd Pub~ ic hearin bein condu n h ~ g G~-QiE./ g 9 cted o t e f~_ day of 2010. The second reading and public hearing 2010. ATTES : d'7\.~ Cynthia Smgleton, TRMC, CMC Cit~ Secretary being conducted on the ~ day of CITY OF COLLEYVILLE , ' r~~~-, ~ ~~ ~,~~° _ .~~, ~~ ~ ~` ~ ~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ^~~~~ " ., . Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map ~ i ~~ ~ ~ ~~~ ~~'~~ ~~ .~rt . ~ ~ _ . , ~, . , ~,,.: ~ ~ v. ~. .. , ~. .. ., E , , , ~ . .. ; ~ ~ ~ ,: ~ .~ _~ ~ ~ ,~ - ~~ ~ir'tid'rww~w»+ .. .. ,.-.~ i `~ ~._ ~ ..r ~~ , - ~ ~~ atiN ~p e~ ~ ` ~ .^~ p ;;.4. 1 ., ' ~~~E ~ /:-~\ \ . ,, . ~ ~ #Y LEAS~ :r~ r~ . .. r ~ ~ „ ~ { ~° ' ~~y r-~'~ ,~- - . ~ - .; ~ \ . .,a~ ~'y5~0 i ~ ;~ c •a'~ ~ • ' .: , .. ~ ~' ~ \~ x „ , q~ ~ ~ .~, . ~ ~ ~,~ ~. ~ ~ ~ ~ i .~~ v,,. _..n w ~ . .~~ ` ... i'~ , ~''~ ~ ~«,- r - '+ ~` M. ~ y , °' ~. ~ ~,,d~ " ~~' :. -` _ , ~ .~~ ~'° ~~} ~ '~ l ~ ~~ ` . . ,. e~ocK r ~. ~ ..~.. . , . . . "3 •t;~~ , r. y.- . . .~ ~"-r 4.~,~ ., 'r+' ".' " ` ~ . -. , „ - ~' ~'(~ j .. i 'a'i . ~ ~. ~ ~ ~ _~ . ...~ .~ 4.l ,.;" vKkP ~ . ~ .. ... ,. ~ ~~. ~ '~ ( ~ ' ~~k4 ' 7 6~ ~ ,~z~ ~ °---°--'"\ ~ ~~. ~ - - ~ ~ . , s i ~ w e~ '~ ~~ //~ ~ I~ROk oSL[a F a z'. n ~Y y ~ '~ .~..~'" " ~ ~ . t ~fYOE USF.D ~ ~ ~ f • . ~n `d3.'`'~ ~ ptill RL~(: I! ~ I u ~+-_~°" y ` ", ~.. ~ NF:51'1tJH'l,'i'1 ~ ~ ~ Y. ' ~~ '~ " FiET1IL c`~' a - o Y ~" ~ ~ ~,,.- ..: . -- ~ .-, ... ~. Rfi'1'A[I. ~ ~ y' ~~' ~x vn~e~v~ r ~ m_. 1!. ooae naaxTao _ I . ~ .. ~~ • ~ s, ~;. ~ 13I:-tlClltYG C ~ ~~ ~~ L04R4N~~E:, W ~ ~ > a ; ,y ' ~ ~ .._ „~,~,~ , ~; - r ..x ~ _ , _E L ,.~_ ~ .. v .~ -, ~~ ~~ ~~ = r-----r- s . , ~ .a - .+ _ . j ' ~~,~~~ R . , ~,._~ ~ - ~ .. _ ~ <~.u ~~1,~- ~ .~ ~, ;a .. , ~. . , ' YTLUWEKFflONt -'~' `~ ~ _;~~y ~. ¢ ~ ' .,t tl401t AODtI20M . . . . . A.. y ~~ . ...... . .. .. ~ . . .... ... ..... ,. _ .. ~.. „ ,,. . ,. _ . . . . .. ...,.~:::~ ~~... ,. , ° ~ ~ _ •; .. - h ; ., ~ _ _ `c~~~~`~~. "~s w r~ (~ ~~~~~~ . O ~ - . . ~. . ,:;., a . . . ~ -~~ . ° -{ ~ . .o. ._.. ,. ~ r ,~ ___ _ _ , -- _ _ _ _: . , _ ~~ ~ , , ... . .. . _ _ ::,.. _ ~ ~ W -- - - ~ me,,. , - ..~.._ . - . ~~ ,~~, COUEYYtLtE 80ULEYARO p ;~. ..._.. •°+~~~~>.~~ =y ..._. 5FA!`~ H/6Hff`,+iY HO. 76 f'IfiOFESS/ONAL .~ i... ~. A .., . . .. .. ... CPURT ~ ~ ~ ~ ~ ~ ~ 3