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HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-1976)-03/22/2016DENIED MARCH 22, 2016 ORDINANCE 0-16-1976 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.52 ACRES, LOT 1, BLOCK 1, OF THE HARDEN ADDITION, LOCATED AT 4916 BEHRENS ROAD, FROM THE R-40- SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-30- SINGLE FAMILY RESIDENTIAL ZONING 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 ZC15-021;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 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 to changes to zoning classifications under the Zoning Ordinance Ordinance 0-16-1976 Page 2 of 3 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 1.52 acres Lot 1, Block 1, of the Harden Addition, located at 4916 Behrens Road, from the R-40-Single Family Residential zoning district to the R-30-Single Family Residential zoning 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. 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 0-16-1976 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 Sth day of March 2016. The second reading and public hearing being conducted on the 22"d day of March 2016. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2016. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A"- Zoning Map Exhibit "B"- Metes & Bounds Description ALL that certain trect or parcel of land situated in the COTRAIL SURVEY, ABSTRACT NO. 328, Tarrant County, Texas and being a portion of Lot 1, Block 1, HARDEN ADDITION, an Addition to the City of Colleyville, Tarrant County, Texas as recorded in Volume 388-192, Page 83, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch steel rod found for the northeast corner of said Lot 1, also being the intersection of the southerly right-of-way line of Glade Road (a variable width right-of- way) with the westerly right-of-way line of Behrens Road (a 50 foot right-of-way): Thence SOUTH with said westerly right-of-way line, 297.24 feet to an iron spike found for the southeast corner of said Lot 1; THENCE North 88 degrees 40 minutes 00 seconds West departing said right-of-way and with the southerly boundary line of said Lot 1, 249.73 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the southwest corner thereof; Thence NORTH with the westerly boundary line of said Lot 1, 236.68 feet to a 1/2 inch steel rod found in the said southerly right-of-way line of Glade Road; THENCE North 79 degrees 55 minutes 00 seconds East with said right-of-way line, 100.00 feet to a 1/2 inch steel rod found; THENCE North 76 degrees 09 minutes 50 seconds East continuing with said right-of-way, 155.73 feet to the PLACE OF BEGINNING and containing 1.518 acres of land, more or less as surveyed by Moak Surveyors, Inc..