HomeMy WebLinkAboutOrdinances (O-12-1830)-04/23/2012DENIED APRIL 12, 2012
ORDINANCE 0-12-1830
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 1.1
ACRES ON TRACT 268, OF ABSTRACT 439 IN THE C.C. DOSS SURVEY
FROM THE AG-AGRICULTURAL TO R20-SINGLE FAMILY RESIDENTIAL
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 ZC12-006; 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
£T
Ordinance 0-12-1830
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
~ i ite notices
h re u s
Re ulations and Zonin Ma havin iven t e
9 9 p, 9 9 q
b ublication and otherwise and after holdin due hearings
, 9
Y P
ff r in a full and fair hearin to all the ro ert owners
and a o d
9 P P Y
9
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 of 1.1 acres on Tract 2B8, of Abstract 439 in
the C.C. Doss Survey from the AG-Agricultural zoning district to'~
the R20-Single Family Residential zoning district, as depicted in
the attached Exhibit ~~A" and 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
i ti nal.
nst tu o
nco
e invalid or u
ortion so decided to b
P
Ordinance 0-12-1830
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 20t" day of
March 2012.
The second reading and public hearing being conducted on the 11t" day of
' Apri12012.
' PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
I,' on this the day of 2012.
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"- Property Description
B~ing a tra~ct ~a~ l~nd c~~t ~f th~ ~. ~. i~ass ~urvey. Ab~tr~ct htts. 439 ~r~t~ s€tuat~~ in ~h~ ~ity ~#
Ccall~yvill~, Tarrant C~+u~ty, ~'~x~s, s~~c~ tr~ct b~ing ~Fre s~rn~ t~ra~t af t~~rd d~scribe~ ~n th~ d~+e~i t~ B~IIi~
Jea~ Stu~rt ~n~d ~todr~~y 8ret ~t~aart re~c~rd~~l as I~acument t~o. C~~t?824~688, C3eed it~et~rd~, T~rrant
f~C+unty, Tex~s and t~~6~g mctre p~~~°tieularly d~scrib~ by m~t~~ ~n~i bauns~s as f?~I(c~ws;
8eginr~E~~ at ~ 5~`8 ir~ch st+~~l ra~ f~ur~d f~r th~ s~uthv~e~t eern~r c~~said Stuart tra~t, saic~ rad b~~r~gthe
rt~s~thv~:si ct~rtter c~f L~t 1, ~l~ae~C 1, h~+~+arwi~l~ A~fditicanr ar~ ~dd~tic~n tca the c~ty af Cv[ley+rille, l`e~cas
~cccsrding to the p{~t the~'+ec~f reecsrded in CaEainet 8. Slide 20~1, Pl~t ~~c€~rds, ~arr~nt Cauniy, Texas ant~
~isc~ b~kng ~n tt~~ ~ast~rl~ ri~t~t-caf-u~ay linc crf Pac~l Raa~! as ~st~bi€sts~d' by d~+~d t~ ~ity af [aileyville
recrarded as t~~ct~rnent N+~. C3I4113~27~~, said d~eed r~c~rrds, s~i~i r~~l alsa b~in~ in a ca~rt~~ t~ th~ lef~
~hc~se center bears So~th 89 degre~s ~5 minut~s 1i se~cc~nds L'Vest at 71f}.50 feet,
~`h~ne~e n~rfh~~°Ey wi~h the ~vesterl~r ~c~u~d~ry line of ~~id Stu~rt tr~ct and s~~cE easterCy rigF€t-of-way li~ne
~ncf avith s~id Gurv~ thrc~u~h ~ e~ntr~l ~n~le ~af i91 degree ~2 rrrin~t~s 35 se~or,c~s ~rsd ~n ~r~ ~eng~h ~f
21,2D feet tcs ~ 5J~3 in~ch St~e1 r~~! ~aith c~~ st~mp~d "~MSI RPLS 422~1" s~t fc~r the enc~ of said curve;
Thenc~ [Vc~rth C}~. de~r~e 47 ~in~t~s 24 secc~~d~ VW~est cotttinuing vuith said ~esterly bc+undar~,r line and
saic~ easterly right-c~f-way Eirre a d`€stance c~f i3~.~2 f~et ta ~~/8 inc~ stee~ r~cl vritF~ cap starnped "P+115'I
RPLS 8224" set f~sr the ~ieg~nr~ing c~fi a curv~ t~ th~ r~~ht wtt~s~ center t~~ars tVt~rt1~ $8 d~gr~es 12
rnfnut+es 36 s~con~s ~~s~ at 68~.SC~ Fec~t;
~~rer~c~ r~crr~h~rCy ~crr~t~r~~a~~~ ~rich s~ici ~v~st~riy bo~~an~f~ry ~in~ ar~d said ~ast~~ly r~~t,t-~f-way I~ne and
with ~id csan+e thrc~aagh a~n~ral ~n~fe o# ~1 degr~ee ~7 mir~ut~s 2~ s~~s~nds and an arc I~n~th of ~1.54
f~e~t tcr ~ 5/8 inch ste.*~l r~~l w;rfth ~~p st~r»p~d "~+tS~ ~tPLS ~42~4`" sct fc~r th~ ~~rd af sai~[ cu~o~;
Th~r~te 6VQRTF~ conti~~a~n~ v,rith s~siti ~vcsC~rty ~~~r~t~~ry line ~n~3 said ~~~t~~iy ri~ht-~tsf-way [in~ a
d~st~n~~ af 37.32 fe+~t tv ~ S/8 incl~ st~e~ rad ~+rith t~!p si~t'np+~d "f~+1Sl RP~.S ~t224" s~t fr~r the nr~rthw~st
ce~rner +~f said St~~art tra~;
The~c~ hlcartl~ E~4 d~ggr~~s 4~ min~t~s 11 s~c~rads ~~st ~itF~ th~ r~carth~rfy b~rund~ry 1in~ of s~id ~tu~rt
tr~ct, pa~sin~ ~t ~.t'~ f~~t ~ 1/~ inch st~eet rc~d f~runci f~r ch~e sc~uthwu~zt c+~r~~r o~ L~t 13, Btack ~G,
Ashmc~r~ #5, an additi~~ C~ t~~ C~ty a# Coll~yuill~ a~.cart~~ng t~ tF~e p1~t t~ere~f recc~~d~ci ir~ ~~bi~et A,
S~i~le ~835, s~id plat recc~rds, and cr~nt~rauing vvith the sc~m~th~rly E~+aunelary line thereaf ar~d enrit~ th~
n€~rtherly 6t~~~rs~'~ey lin+e rf said 5t~~rt tr~ct a~0#~1 distanee of ~~5.~2 f~et t~ a~/8 inch steel r~ad wit~
e~p st~mped "[1~~4" foun+d f~rr t~e~ r~art~t+~ast corn~r ~her~t~f;
Th~enc~ ~outh Ol ~~gr~e ClQ minufies 43 s~cr~~ds E~st vvitE~ !th~ easter~yt ~c~un~~ry li~~ c~f s~id Stuart traet
a distanc~ taf 2~.5.~'~ feet tca a 5J8 ~nch steel r~d yvitia ~ap st~mp~d "MSi RPL..~* ~k~~4'~ set far the
st~uth~ast t~rner ch~r~nf, s~icf rrr~ ~!eing th~ ~c~~iheast corn~r ~rf s~id L~et 1;
Then~e ~outht 89 ~iegr~~~ 57 minut~s 1? se~n~c~s W~s~t tivith t~~ ~+autl~~r~~t t~oun~l~rtir Ci~~ ~f s~id 5tu~rt
tr~ct ~r~~ thc nr~rt#terly bvur~~l~ry lin~ of s~id Cc~t 1(th€~ be~rir~g ~iasis t~f #his tr~~} ~ dista~nce ~f ~~4.7~8
f~et ta the p~int caf 6+eg~rsr~in~ ant~ ec~nta~nin~ 1.I32~ ac~es ~f I~n~f as surv~€y~d ~y f~~ll~r Surveyin~, 1'nc.
in ~t~1~,