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..