HomeMy WebLinkAboutOrdinances (O-12-1821)-02/08/2012ORDINANCE 0-12-1821
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 2A1, ABSTRACT 331 OF THE A. J.
CALDWELL SURVEY, AND TRACT 2B01, ABSTRACT 180 OF THE J.L. BYAS
SURVEY, FROM THE CC1-VILLAGE RETAfL ZONING DISTRICT AND AG-
AGRICULTURAL ZONING DISTRICT TO THE CC1-VILLAGE RETAIL ZONING
DISTRICT; AUTHORIZING A SPECIAL USE PERMIT FOR A CEMETERY AND
MAUSOLEUM; 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 a~~ application for rezoning under Case
No. ZC11-026; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general weifare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a~'lanning 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 perta~ning to such districts in accordance
with a comprehensive plan and d~~igned to lessen congestion in the
streets; to secure safety from fire, ~anic, 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, t~ the character of the districts and
their peculiar suitability for particular uses, with a view to conserving the
value of buildings and encouragin~ the most appropriate use of land
throughout the City; and
WHEREAS, the Planning and Zoning Commissici~ ~f the City of Colleyville and the City
of Colleyville City Council, in comoi;ance with the Charter of the City of
Colleyville, and State Law with ~-eference to changes to zoning ~,
classifications under the Zoning Orc~inance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
Ordinance 0-12-1821
Page 2 of 3
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
Tract 2A1, Abstract 331 of the A. J. Caldwell Survey, and Tract 2B01,
Abstract 180 of the J.L. Byas Survey, from the CC1-Village Retail zoning
district and AG-Agricultural zoning district to the CC1-Village Retail zoning
district with a Special Use Permit for a cemetery and mausoleum, as
depicted in Exhibit A.
Sec. 3. THAT the above described tract of land shall be used only in the manner
and for the purposes provided by ths 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. GENERAL
a. This Special Use Permit shall only apply to the uses in combination of a
cemetery and mausoleum as described in Exhibit B.
b. The building height of the proposed mausoleum expansion shall not
exceed the height of the current structure or 17 feet, whichever is
greater.
Sec. 5. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subje~t 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 eacn offense.
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Ordinance 0-12-1821
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.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~ day of
2012.
The second reading and public hearing
2012.
bein conducted on the ~ da of
9 ~- Y
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
O ~~l
APPROVED AS TO FORM AND LEGALITY:
~' ~
•,~
Matthew C. G. Boyle
City Attorney
~--~-'~
David Kelly
Mayor
EXHIBIT "A"- Location and Zoning Map
EXHIBIT "B"- Site Plan