HomeMy WebLinkAboutOrdinances (O-11-1816)-01/04/2011ORDINANCE 0-11-1816
AN ORDINANCE AMENDING ORDINANCE 0-10-1784 CONDITIONS; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; 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 Councii approved Ordinance 0-07-1630 on September 4, 2007,
to establish the zoning of Lot AR and BR, of the E.M. Thompson
Subdivision, and Lot 2, Block 1, Foster Addition; and
WHEREAS, the City Council approved Ordinance 0-10-1784 December 7, 2010,
amending Ordinance 0-07-1630 by changing the percentage
requirements for office uses versus retail uses in the development; and
WHEREAS, the City of Colleyville has received a request for an amendment to
Ordinance 0-10-1784, under Case ZC11-021; 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 of
buildings and encouraging the most appropriate use of land throughout
the City; and
Ordinance 0-11-1816
Page 2 of 3
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.
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, is hereby amended by amending Ordinance 0-10-1784 conditions
for the Village Front Door Addition.
Sec. 3. THAT the above described tract of land shall be subject to the following
conditions: '
1. GENERAL
a. Section 4(1)b of Ordinance 0-10-1784, is hereby removed and
deleted.
b. This zoning change is conditioned upon a change in ownership of
the property to Dr. David D. Kim of 35 Veranda Ln. Colleyville, ',
Texas, or an entity owned or controlled by Dr. Kim. In the absence of !
such ownership change, this Ordinance shall be of no force or effect.
Sec. 4. 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. 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.
Ordinance 0-11-1816
Page 3 of 3
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 that
this ordinance shall take effect immediately from and after its passage.
Sec. 9. THAT Ordinances 0-10-1784 and 0-07-1630 shall remain in full force and
effect, except where amended by this ordinance.
AND IT IS SO ORDERED.
The f~ t reading nd public hearing being conducted on the ~ day of
~
2011.
`~ -
The econd readi g and public hearing being conducted on the /~~ day of
_~/YY~ 2011.
ATTES .
. . ~
(3~nthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
1~~~ ~'~
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
^~1 ~~~ `~ ' ` ~
Matthew C. G. Boyle
City Attorney
3
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Exhibit "A" - Location and Zoning Map