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Home My WebLink AboutOrdinances (Ordinance O-18-2066)-12/04/2018REMANDED TO P&Z AS AN R-20 PUD - DECEMBER 4, 2018 ORDINANCE 0-18-2066 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 17.32 ACRES, BEING LOT C, MCEWING SUBDIVISION & 1B02A, 162, 11133, AND IB4, ABSTRACT 1154, IN THE R H MCEWING SURVEY, LOCATED AT 712 — 810 LAVACA TRAIL, FROM THE R-40 SINGLE FAMILY RESIDENTIAL 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 EREAS, the City of Colleyville has received an application for rezoning under Case ZC18-033; 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 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 Ordinance 0-18-2066 Page 2 of 3 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 17.32 acres, Lot C, McEwing Subdivision & 11302A, 1132, 1133, and 1134, Abstract 1154, in the R H McEwing Survey at 712-810 Lavaca Trail, from the R-40 Single Family Residential 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 0-18-2066 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 20th day of November 2018. The second reading and public hearing being conducted on the 4th day of December 2018. PASSED AND APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 4TH DAY OF DECEMBER 2018. Mayor Richard Newton Mayor Pro Tern Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson (ATTEST: Christine Loven, TRMC City Secretary CITY OF COLLEYVILLE Richard Newton Mayor APPROVED AS TO FORM AND LEGALITY: Whitt Wyatt City Attorney GA111L)IL M - LU18111 IY]dp bbid 6508 6509 6108 6507 6510 6519 6536 616 t 612 1 608 1 604 1 600 6504 6503 6506 6505 —DE- 6504 6505 6500 6423 6502 6500 6501 65126420 -1 6420 6419 6418 6421 6416 6415 6414 d6501 6506 6416 6417 6412 6411 6410 6412 S 6413 6408 6407 6406 6408 -16409 6504 ,.. 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