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Home My WebLink AboutOrdinances (ORDINANCE O-16-1998)-11/15/2016ORDINANCE 0-16-1998 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.01 ACRES, ABSTRACT 1756 OF THE A. T. YOUNG SURVEY, TRACT 1A01B, LOCATED AT 216 WEST GLADE ROAD, FROM THE AG -AGRICULTURAL ZONING DISTRICT TO THE R -40 -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, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC16-016; and 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 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 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 Tight 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 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 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 0-16-1998 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. Sec. 2. Sec. 3. Sec. 4. Sec. 5. 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. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.01 acres, Abstract 1756 of the A. T. Young Survey, Tract 1A01B, located at 216 West Glade Road from the AG -Agricultural zoning district to the R -40 -Single Family Residential zoning district, as depicted in the attached Exhibit "A" and Exhibit "B". 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. 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. 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. 6. Sec. 7. Ordinance 0-16-1998 Page 3 of 3 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. 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 1St day of November 2016. The second reading and public hearing being conducted on the 15th day of November 2016. PASSED AND APPROVED BY A VOTE OF i0 AYES, 0 NAYS, AND D ABSTENTIONS ON THIS THE 15TH DAY OF NOVEMBER 2016. Mayor Richard Newton kr- Mayor Pro Tem Chris Putnam..I Place 1, Tammy Nakamura kit Place 5, Nancy Coplen Al{ Place 2, Bobby Lindamood kit, Place 6, Mike Taylor ilt,,V' Place 4, Jody Short 1 ATTEST: CITY OF COLLEYVILLE Amy City APPR elley, T ecreta ry W - ift Wyatt City Attorney Richard Newton Mayor TO FORM AND LEGALITY: Exhibit "A"- Zoning Map 304 304 220 300 4919 AG 218 G Ape 218 219 4908 AG 492E J J CO PUD -R 212 4904 R-20 4900 208 4808 204 RocMoty 4902 400: 488 C1T} i)A COLLEYIIILLE 0 1 inch = 83 fast ZC16-016 216 W. GLADE ROAD MISubject Property Vicinity Map Exhibit "B"- Metes & Bounds Description 216 W. GLADE RD., COLLEYVILLE, TX 76034 BEING all that certain lot, tract, or parcel of land situated in the A.T. Young Survey, Abstract Number 1756, situated in the City of Colleyville, Tarrant County, Texas, also being a portion of a tract described by deed to John B. McFadin and Carolyn J. McFadin as recorded under Volume 4493, Page 33, Deed Records of Tarrant County, Texas, (D.R.T.C.T.), said portion being described by deed to Randy Lawrence Ray and Amber Ray Shull as recorded under Instrument Number D208302862, (D.R.T.C.T). BEGINNING at a 'A inch iron rod with yellow cap stamped, "Arthur Surveying Company" set for the southeast corner of the herein described tract, said corner also being the southwest corner of a tract of land described by deed to Fred William Westphal, Jr., more commonly known as Bill's Lane, as recorded under Instrument Number D207074101, (D.R.T.C.T.), and being in the north line of West Glade Road; THENCE South 81 degrees 01 minutes 26 seconds West, with the north line of said West Glade Road, a distance of 108.46 feet to a Y2 inch iron rod found for corner, same being the southeast corner of a tract of land described by deed to Luther D. Parvin, Jr. as recorded under Volume 6116, Page 699, (D.R.T.C.T.); THENCE North 00 degrees 21 minutes 46 seconds East, with the east line of said Parvin tract, a distance of 417.40 feet to a 5/8 inch iron rod found for corner, same being the northeast corner of said Parvin tract, also being in the south line of a tract of land described by deed to Fred William Westphal, Jr. as recorded under Volume 12972, Page 191, (D.R.T.C.T.); THENCE North 80 degrees 47 minutes 46 seconds East, with the south line of above mentioned Westphal tract (12972-191), a distance of 105.85 feet to a 1 inch iron pipe found for corner, same being the southeast corner of said Westphal tract, also being in the west line of the aforementioned Westphal tract (D207074101) commonly known as Bill's Lane; THENCE South 00 degrees 00 minutes 00 seconds East, with the west line of said Bill's Lane, a distance of 417.40 feet to the POINT OF BEGINNING and containing 1.013 Acres of land, more or less.