HomeMy WebLinkAboutOrdinances (O-08-1670)-04/15/2008ORDINANCE 0-08-1670
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY
AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT
1, BLOCK 1, PLEASANT GLADE FARM ADDITION; 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 OFFENSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a Special Use Permit
under Case No. Z-08-011; 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
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 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
Ordinance 0-08-1670
Page 2 of 4
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 on Lot 1, Block 1 of the Pleasant Glade
Farm Addition, as depicted on the Location and Zoning Map, attached as
Exhibit "A", and the Plot Plan, attached as Exhibit "B" and as shown on the
Building Elevations attached as Exhibit "C".
Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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. This Special Use Permit shall only apply to the use of an accessory
structure.
b. The accessory structure shall conform to the layout and specifications
indicated on the attached Exhibit "B", labeled as Plot Plan and on the
attached Exhibit "C", labeled as Buitding Elevations.
c. The accessory structure shall not exceed 4,000 square feet of gross
floor area.
d. The accessory structure shall not exceed 20 feet in height.
e. The accessory structure shall not be used as a residence, guest house
or servants quarters.
f. The accessory structure shall not be used for any commercial enterprise
or activity.
Ordinance 0-08-1670
Page 3 of 4
g. The accessory structure shall meet all requirements of the Land
Development Code and Building Code, except where amended by this
Special Use Permit.
h. All existing accessory buildings located on the subject property shall be
demolished within one hundred eighty (180) days of building permit
issuance.
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.
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.
AND IT IS SO ORDERED.
The ~rst reading and public hearing being conducted on the ~ day of
' 2008.
The cond, reading and public hearing being conducted on the /~ day of
2008.
ATTEST: .
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
l~-k--~~~--~
David Kelly ~
Mayor
Ordinance 0-08-1670
Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
^~~ v' ""'~ v J . ~'n
Matthew C. G. Boyle
City Attorney
Exhibit "A" - Location and Zoning Map
Exhibit "B" - Plot Plan
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Exhibit "C" - Building Elevations