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HomeMy WebLinkAboutOrdinances (Ordinance O-18-2069)-12/18/2018ORDINANCE 0-18-2069 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 8.0744 ACRES, LOT 1A, BLOCK 12, OF THE LONGWOOD ESTATES AT ROSS DOWNS AND TRACT 1, ABSTRACT 294 & TRACT 4A3A, ABSTRACT 591, IN THE ROBERT CHOWNING SURVEY LOCATED AT 7201 COLLEYVILLE BOULEVARD, FROM THE PUD-C PLANNED DEVELOPMENT COMMERCIAL DISTRICT, PUD-R PLANNED DEVELOPMENT RESIDENTIAL DISTRICT, AND ML LIGHT MANUFACTURING DISTRICT TO THE AG AGRICULTURAL 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 initiated an application for rezoning under Case ZC18-030; 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, 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 0-18-2069 Page 2 of 4 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; and WHEREAS, the 8.0744 acres of land being Lot 1A, Block 12, of the Longwood Estates at ross downs and tract 1, Abstract 294 & tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard shall remain designated as parks open space per the 1998 Texas Parks and Wildlife grant submission for the development of the Kimzey Park in conjunction with the Kimzey Park Master Plan per City Council Resolution R-99-1462. 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 8.0744 acres, Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard, from PUD-C Planned Unit Development Commercial, PUD-R Planned Unit Development Residential and ML Light Manufacturing to AG Agricultural district, as depicted in the attached Exhibit "A". 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. Ordinance 0-18-2069 Page 3 of 4 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. ISec. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of December 2018. The second reading and public hearing being conducted on the 18th day of December 2018. PASSED AND APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 18TH DAY OF DEC —EMBER 2018. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Absent Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye — Ordinance 0-18-2069 Page 4 of 4 LTTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FOR hitt . Wyatt City Attorney OF COLLEYVILLE I Richard Newton Mayor PUD-R Exhibit "A"- Zoning Map ACC Ce` CITY OF, ZC18-030 COLL CITY LE 7201 Colleyville Blvd ij � 7- DISCLAIMER: This map and Information contained In It were -� developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else Is / at that partys risk and without liability to the Q Subject Property I_l��_-'__ City of Colleyville, Its of icials a employees far any U discrepancies, errors, or variances which may exist. Properties Outside the City Limit