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HomeMy WebLinkAboutOrdinances (O-11-1801)-08/17/2011ORDINANCE 0-11-1801 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW TWO HORSES ON LOT 6R1, BLOCK 2, REAGAN ESTATES ADDITION, LOCATED AT 5514 LOWRIE ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC11-010; 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 oi buildings and encouraging the most appropriate use of land throughoui 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 oi 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 aftei holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated ir 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. Ordinance 0-11-1801 Page 2 of 3 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 authorizing a Special Use Permit to allow horses on the premises of Lot 6R1, Block 2, Reagan Estates Addition, as depicted on Exhibit "A" and shown on Exhibit "B". Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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 the above described tract of land shall be subject to the following conditions: 1. This Special Use Permit (SUP) hereby allows no more than two (2) horses to be boarded on the subject property. 2. The horses shall be contained in a completely fenced area that is no less than 31,000 square feet in size located on the back portion of the property as depicted on Exhibit "B". Sec. 5. 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. 6. 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. 7. 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. 8. 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 Ordinance 0-11-1801 Page 3 of 3 that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The rst reading and p 2011. The econd re ding and 2011. blic hearing being conducted on the c~'~'~"day ~ public hearing being conducted on the ~ day ATT . ~ Cynthia Singleton, TRMC , CMC City Secretary APPROVED AS TO FORM AND LEGALITY: ..~~V~~ ~.,' ~_ CITY OF COLLEYVILLE ~« David Kelly Mayor Matthew C. G. Boyle City Attorney EXHIBIT "A" - Location and Zoning Map EXHIBIT "B" - Grazing Area ~ ~ ~ r ~~ ~~ t~ i:~l __ _ . ~; ~ ~.t~~ ~ ~ 3 ~ t ! ~ Y ~~ ~' ~. ~w ~ ~~ -h ~~~ ~ ~`~' ~ ~ 1 3 `'' ~ ~ ~ =~ ~ ' ~' •e~; J„' ~ ~cr ~ ~ '~ +r~ p _ ~ z; ~ $+~~~'~15~~rt~ ~i~~.~'~" t ~ C~3~ > ~~ ~ ~£r „` ,~y 'ry% ».,."~61.1` ~ c~ n ~ ~.. ~ i.~t - ~ ° ~ ~~ ~ , ,,~ _ - __ _s ' 9 '~` 7 ° ~. w ~r~wrr+ ... `... ~ ~r ~ ..r w» m ~ ; ~ ~'.2d'~ +~ J~~.~~. '~~~~r~~~~t° ~$5 .~. ~ t ~ ~7,;" ' ~y~~ 'Y ~1 ~ m{ ,~. ~ ~ ~ ~ ~~~. ~ ; ~ ~ ~~ ~~ ~ i~~ ~ ~ ~ ~ ~~ ~~ !~~ ~~ ~~ ~ ~ ~ ~- ~ ~ ~ ~ s~ ( ~ ~ ~" ( I + ' ~¢ ~ , ~! ~ ~ ~~ ~~i , c7 ib ~ I i ~ ~ ~ ~ ~ ~~ A~ ~ ~ ~ ~:w~ ~ ~ : ~ ~ ~. ~~ ~~ ~ ~ ~ q ~ ~...t ..w~...if}' Bka3L~Ntl :JM~ ~ ~ ~ ~ .~..._ ~... ~ ~- ~! ~ ~+d, . _ ~. _. . v .. ~ r_~ _ _ >r. . ,. . ~_.~ ~.~. .._.~...~ ~ ~ '~ '=~~vf?7~' ~iB~~JT`4A"`~e" ~ _ _ ,» ~ ~ ; ~ ~