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HomeMy WebLinkAboutOrdinances (O-09-1706)-01/20/2009ORDINANCE 0-09-1706 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 AND SERVANTS OR CARETAKERS QUARTERS ON LOT 1 R, BLOCK 1, TANGLEWOOD 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-08-024; 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 ~i 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 li 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 0-09-1706 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 and servant or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevations labeled 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 grant the use of two accessory structures, one being a detached garage and the other a servant's quarters, as shown in Exhibit "B", labeled as the Site Plan. b. The domestic servant's quarters shall not exceed 2,304 square feet. c. The detached garage accessory building shall not exceed 731 square feet. d. The total combined accessory building square footage on this property shall not exceed 3,035 square feet under roof. e. The domestic servant's quarters shall not exceed a height of 34 feet. f. The detached garage accessory structure shall not exceed a height of 30 feet. Ordinance 0-09-1706 Page 3 of 4 g. The accessory buildings shall not be used for any commercial enterprise or activity. h. The property shall be limited to one water and electrical meter serving all structures on the property. i. The accessory buildings shall match the architectural style of the primary residence. The servant's quarters shall not be inhabited at any time by anyone other than a domestic servant as defined in the Land Development Code. k. The detached garage shall not be used as a residence, servant's or caretaker's quarters, or guest house at any time. I. In addition to the primary residence, all structures approved as part of this special use permit shall be equipped with fire sprinkler systems approved by the Fire Marshal. m. The accessory structures shall meet all requirements of the Land Development Code and Building Code, except where amended by this Special Use Permit. 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. Ordinance 0-09-1706 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of 2009. The econd reading and public hearing being conducted on the .p ' ~ day of 2009. ATTEST• CITY OF COLLEYVILLE ynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: \`~ ~•1'h Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Site Plan