HomeMy WebLinkAboutOrdinances (O-11-1811)-11/04/2011Denied without prejudice November 1, 2011
ORDINANCE 0-11-1811
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING ON TRACT 3A, ABSTRACT 206 OF THE B.B.B. AND C.
RR CO. SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE
CC1-VILLAGE RETAIL ZONING DISTRICT; 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 of Colleyville has received an application for rezoning under Case
No. ZC11-017; 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, among other things, to 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 0-11-1811
Page 2 of 3
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
Tract 3A, Abstract 206 of the B.B.B. and C. RR Co. Survey, from the AG-
Agricultural zoning district to the CC1-Village Retail zoning district, as
depicted in the attached Exhibit "A" and is described in the attached 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.
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.
Ordinance 0-11-1811
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2011.
The second reading and public hearing being conducted on the day of
2011.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"- Location and Zoning Map
EXHIBIT "B"- Legal Description
BEING a 0.639 acre tracf of land in ~he B.B.B. and G. Ra~lroad Co. St~n~ey, Abstract Nu~n~er
~Q6, situated in T~rrant Counfiy, 'I'exas, and being all of that certain lract a~ land described i~i
deea tv John Horo~~c, recarded in Iz~strument No. I724~357773, i~eed Recards, Ta~~rant
County, T~x~s, The bearings for this description are based an the bearings as they ap~ar in
1`do. D2Q6357773, D~ed Recvrds, Tarra~it Coi.u~ty, Tex~s, Sa.id 0.539 acre tract of land hein~
described by metes ancI bounds as fallows.
B~~INI~III~IG at a 518'° iron roc~ found at th~ nt~rtl~~ast cc~rner c~f said Jahn Harobec tr~ct, at~d
b~in~ in the tvest right of way Iine of Al~asant Run Raaci, a SO' public righ# of way, and be"rn~
l~Iorth 83°49'(iD" ~~st, a distance of 25.00 F~et frarn the souEh~ast comer c~f Lot 1, Blc~ck ~,
Ratlit~'Additi~n, recc~rdc~ in Volurne 3$8-13~, Pa~e 82, Plat Reeflrcls, Tarranl !Gflurty, Texa~;
THENCE South 00°Q0=(JO" East, ~long tl~e said west right of way (ine, a dist~~nce of ~ i.~{} Fe~t
to the southeast corner af said Jt~hn ~ic~rcabec tract, and being the northe~st corner of that ccrtain
~ract of lancl descr~bed in de~ t~ D& V Watker ~'amily L.P. N~. 2, recorded in Instrnm~nt No.
~2t}4220b91, ~3eed Records, Tarrant Counfiy, T~xas;
TI~~~TC~ South 89°4g'0~° ~est, along the con~mon line ~f said 3ol~n Horobec tract, and saici D
8c ~' Watker Family L.P. No. 2 tract, a distance of 3?0.0~ I~eet tQ the southeas~ corn~r Q~ Lflt 3,
Block 1, Ratiiff Additiot~ recarded in Volume 3~$-162, Page 57, Plat Records, Tar~t C~;~u~ty,
Texas:
TH~IVCE i~orth fl~°40`00" West, departing the north iine of said D& V Walker Family L.P.
No. 2 tract, and ~ontinuing along the common line of said lohn F~Torobec tract, and said Lot 3, a
distance af 87.{?4~ Feet to i1~e narthwest carner of s~'td .T~hn Horobec tract, and being 3t the
southwest cortter of Lot 2, Block 1, Katliff Addition, recorded ~rt C~~ainet B, Slide 84~, Plat
I~ecards, Tarrant Cni~nty, 'F'exas;
77I~`NCF North 89°~~'Of~" East, dep~a-ting tl~e cast linc of said Lat 3, and continuing alon~ thi
narth line of said John I~c-robec uac;t, passing ihe southeast corner c~f said Lok 2, same being the
southwest comer af said Lot 1 at a distance of 95.fl0 T'eet, and passing the southeas~ corner of
said Lof ~ at a distance of 29~.Qf} Feet, and continuing ~or ~ tot~.l distance af 320.001~eet to t~~e
POINT C?F BEGINNIIVG; and c€~ntaining a cornpu~ed area of C}.b39 ~cres, niore ~r Iegs.
_~ ~~'~~-"~
D.L. WilIiams y~',~~~ ~~~~
R, i ered Profession~l Land Stzrveyc~r '~' .,....
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Texas ~tegistration Na. `tP F O Joi1NNY P i, w,~GwMa
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