HomeMy WebLinkAboutOrdinances (O-08-1654)-01/15/2008ORDINANCE 0-08-1654
AN ORDINANCE AMENDING ORDINANCE 0-03-1397 CONDITIONS; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; 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 OFFENCE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-03-1397 on April 15, 2003, to
grant a Special Use Permit for 10.3 acres of property located at 816 W.
L.D. Lockett Road; and
WHEREAS, the property owner has requested an amendment to Ordinance 0-03-1397
to expand an existing accessory building, under Case Z-07-036; 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; 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, among other things, to 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 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
Ordinance 0-08-1654
Page 2 of 3
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 amending Ordinance O-
03-1397 regarding expanding an accessory building.
Sec. 3. THAT the above described tract of land, depicted on the attached Exhibit
"A" labeled Location and Zoning Map, 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 the above described tract of land shall be subject to the following
conditions:
1. General
a. The maximum size of the building footprint of all accessory buildings
shall not exceed ten thousand three hundred and seventy (10,370)
square feet.
b. Building A, as noted on Exhibit "B" labeled as Building Layout, shall
not be increased in size or enclosed unless approved as an
amendment to this Special Use Permit.
c. The location of all buildings shall be consistent with the drawing
attached as Exhibit "B" labeled as Building Layout.
d. Building A shall be equipped with an automatic sprinkler system
approved by the Building Official and the Fire Department prior to the
approval of a certificate of occupancy for any addition to the structure.
Sec. 5. 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.
Ordinance 0-08-1654
Page 3 of 3
Sec. 6. 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. 7. 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. 8. 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.
Sec. 9. THAT Ordinance 0-03-1397 shall remain in full force and effect, except
where amended by this ordinance.
AND IT IS SO ORDERED.
first reading and public hearing being conducted on the ~~ day of
2008.
second reading and public hearing being conducted on the /~~day of
/J?.lc.R~C.cr 2008.
ATTEST•
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
e~.,,~
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
~ u~. ~
Matthew C. G. Boyle
City Attorney
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