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HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2019)-08/15/2017 ORDINANCE 0-17-2019 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 1, BLOCK 1, K BAR G ESTATES ADDITION, LOCATED AT 6401 WESTCOAT ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING TO EXCEED THE SQUARE FOOTAGE PERMITTED BY STAFF FOR ALL ACCESSORY BUILDINGS ON THE LOT; 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 a Special Use Permit for an accessory building to exceed the square footage permitted by staff for all accessory buildings on the lot under Case No. ZC17-008; 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 and 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 Ordinance 0-17-2019 Page 2 of 4 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 to exceed the square footage permitted by staff for all accessory buildings on the lot on Lot 1, Block 1, K Bar G Estates Addition, located at 6401 Westcoat Road, as depicted on the attached as Exhibit "A". 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 the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the expansion of the existing cabana. b. The expansion shall only be permitted for approximately 302 square feet for the purpose of expanding the bathroom areas within the cabana building. Ordinance 0-17-2019 Page 3 of 4 c. The accessory building shall be generally consistent with the site plan and building elevations as depicted on the attached Exhibits "B" and "C". d. All requirements of the Land Development Code shall be met, except where amended herein. 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 first reading and public hearing being conducted on the 1st day of August 2017. The second reading and public hearing being conducted on the 15th day of August 2017. Ordinance 0-17-2019 Page 4 of 4 PASSED AND APPROVED BY A VOTE OF (0 AYES, 0 NAYS, AND ABSTENTIONS ON THIS THE 15th day of August 2017. Mayor Richard Newton Olt, Mayor Pro Tern Bobby Lindamood Place 1, Tammy Nakamura f1Yf. Place 5, Nancy Coplen A Place 3, Kathy Wheat Yf Place 6, Mike Taylor y Place 4, Jody Short AY f, ATTEST: OF COLLEYVILLE ákth 111 A Shell., TRMC Richard Newton City Secretary Mayor APPROVED AS Ti FORM AND LEGALITY: W itt L. City Attorney Exhibit "A" - Location and Zoning Map 6605 it 6512 WESTCOAT WESTCOAT 6501 Ll ! 6508 WESTCOAT WESTCOAT 0 0 6507 z - 6417 WESTCOAT WESTCOAT 6403 AG WESTCOAT 6504 WESTCOAT ce Gl 6401 WESTCDAT 6400 WESTCOAT 6405 STCOAT &ETT'INGER WESTCOAT 1M 6320 W ll- WESTCOAT 6401 W 6313 WESTCOAT I BETTINGER 6316 WESTCOAT 6314 6309WESTCOAT BETTINGER 6WE 312AT 12 1 6317 WESTCOAT - 1 6305 6308 6313 BETTINGER WESTCOAT WESTCOAT N t go w 6303 -. R-20 3 n 'co ^ BETTINGER 6304 N 6301 WESTCOAT 1 1 1 i ^. BETTINGER R-40 AG WHITE DR cc ._ ___--— 6213cP O 101 6216 WESTCOAT w WHITE WESTCOAT in w F2-30 •y'4, 6212 6211 Pv= El N 0 Z WESTCOAT WESTCOAT 3 4 6205 m BETTINGER 6208 WESTCOAT I P-0 c t C t,F ZC17-008 4i COLLEYVILLE 6401 W ESTCOAT DRIVE 1,1♦: �'an4L� ,,_ T t x r.ir .d—st>� i7 ' I II DISCLAIMER: 1 This map and information contained in it were -'Ul /� duiit f_, developed exclusively for use by the City of Colleyville. I W I' , Any use or reliance on this map by anyone else is '„�.. at that party's risk and without liability to the — Subject_Property r7 City of Colleyville,its officials or employees for any L—I discrepancies,errors,or variances which may exist. 195' M x s WESTCOAT RD, V, dX COLLEYVILLE,TX 16034 •01—• P'r 1- LOT IA t �}�1�� L'� � i Ca O BLOCK 1 i. .7.eA1 ? 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