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HomeMy WebLinkAboutOrdinances (O-06-1575)-06/20/2006 ORDINANCE 0-06-1575 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A ! CARPORT AND AN ACCESSORY BUILDING ON LOT 3, BLOCK 2, APPLE VALLEY ADDITION, PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, an application for a Special Use Permit was filed by Frank Manzare on March 14, 2006, under Case No. Z-06-006; and WHEREAS, the Planning and Zoning Commission held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville; 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 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 authorizing a Special Use Permit for an accessory building with an attached carport on Lot 3, Slock 2, Apple Valley Addition, located at 5105 Apple Valley Drive, as shown on the attached Zoning Map (Exhibit "A"), building elevation drawings (Exhibits "s" and "C") and site plan (Exhibit "0"), subject to the following conditions: a. The accessory building may not exceed 1,600 square feet. b. Ten (10) photinias placed on four (4) foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be located no closer than 5-feet from the adjacent property line and be consistent with the site plan attached as Exhibit "0". Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-06-1575 Page 2 of 3 d. The building elevations shall be consistent with the drawing attached as Exhibit "C". e. The accessory building shall not be used for commercial purposes. f. The carport elevations shall be consistent with the drawing attached as Exhibit "B", which includes metal skirting that extends from the top of carport to approximately eight feet from the ground. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day shall constitute a separate offense and shall be punishable as such. 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. 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 the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. 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 & h{ day of ~ 2006. T~ reading and public hearing being conducted on the ..J!tJ5:f day of ~ 2006. __M~"____~__'_"'+'_'.+'.'_~""'~"'~'__"""____"'"".,',__ ._..,.________...._....._.._._.....'....__..._-...,,__.~__._+..__~,..,~_+~__.N.N ynthia Singleton, TRMC ity Secretary PPROVED AS TO FORM AND LEGALITY: ~ \n. (?,,, Matthew C. G. Boyle City Attorney Ordinance 0-06-1575 Page 3 of 3 CITY OF COLLEYVILLE Ib~ David Kelly Mayor Exhibit A - Zoning and Location Map 4W 4D4 4DU 300 5209 [) '" /' _/ :;;;oc....... ..m.._.....,~_ ...-............. . ......_,.~'-, 510rJ 405 510~ ~ "\'\ R-20 ~ '-1~ < . 5105 ~ ,.1[1 AG b1Dr:l !i1lJe ~ l / / 72 ., . ~; ~ CJ8 / 3m AG 5008 Exhibit B - Building Elevation Drawings ~ l?~~~~~~~E:~:JE' F~MlTAl. ~ ~ LfAGt~(~ C,TIst--f\, ~AI..~-\ \ .~') Ol"IiI'lANA -4> . lei' O\fVll4l!AD 3EC1'1~ POOR IIJ J-EYAtl~ .. .1 ,?UH..'6. ?l<.Iell N4 tH! Ol.rr~t'l)~ Of~~.~~....~R,{~._.gQM...~'~\~wr EXHIBIT C -ELEVATION PLAN 'L~ CE, ~,.rr. "'" l::f Of ,.t~6"~ ~ ..~ ~ ~ II ~~!~ - - - --.--- ~-/ep Exhibit D - Site Plan III ,. 02" 2.(' 14' W lU) ,00' Site of Building 1.0 - J II ~l u Site of