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Home My WebLink AboutOrdinances (Ordinance O-19-2086)-08/20/2019ORDINANCE 0-19-2086 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 2.941 ACRES, BEING LOT 1111-2, BLOCK 1, OF THE MOCKINGBIRD HILL ADDITION, LOCATED AT 6260 POOL ROAD, FROM THE AG AGRICULTURAL & R-40 SINGLE FAMILY RESIDENTIAL DISTRICTS TO THE RE SINGLE FAMILY ESTATE' RESIDENTIAL 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 received an application for rezoning under Case ZC19-006; 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 Ordinance 0-19-2086 Page 2 of 3 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 changing the zoning on 2.941 acres, being Lot 1R-2, Block 1, of the Mockingbird Hill Addition located at 6260 Pool Road, from the AG Agricultural & R-40 Single Family Residential district to the RE Single Family `Estate' 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, and subject to the following conditions: 1. As depicted in the attached Exhibit "A" and Exhibit "B". 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 ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-19-2086 Page 3 of 3 Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2nd day of July 2019. The second reading and public hearing being conducted on the 20th day of August 2019. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 20TH DAY OF AUGUST 2019. Mayor Richard Newton Ave Mayor Pro Tern Bobby Lindamood Ave Place 1, Tammy Nakamura Ave Place 5, Chuck Kelley Ave Place 3, Kathy Wheat Ave Place 6, Callie Rigney Ave Place 4, George Dodson Ave ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: hitt L. Wyatt City Attorney "/Ty' On F COL�LEYVILLE Richard Newton Mayor Exhibit "A"- Zoning Map F-A... u.i o - Z-V11111§ CAM U.i fill /$ /\} "¥ ! i= / • m W , /\� ! w m %] h § \am!( /� k - Mp/§§§g§§�#( � --- \ _ ------ --- -- --�- � I § Attachment "A" The City Council approved the RE zoning district on this lot which requires a 25 foot side yard setback (shown approximately in the dashed lines below).