HomeMy WebLinkAboutOrdinances (O-09-1720)-07/07/2009ORDINANCE 0-09-1720
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 A CARPORT ON LOT 15, BLOCK 2,
JEWEL ESTATES 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. ZC09-006; 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 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.
Ordinance 0-09-1720
Page 2 of 3
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 a carport on Lot 15, Block 2 of the Jewel Estates Addition, as
depicted on the Zoning and Location Map, attached as Exhibit "A", and the
Site Plan, attached as Exhibit "B" and as shown on the Building Elevation
Drawing 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:
a. The carport shall have dimensions of 21 feet by 31 feet.
b. The carport shall not exceed 651 square feet.
c. The carport shall not exceed 14 feet, 9 inches in height.
d. The carport shall be 10 feet from the side property line.
e. The carport shall be located within the rear yard of the subject lot.
f. The carport shall have a flat roof with a 5 inch slope from the front
to the back.
g. The carport shall be generally constructed of masonry columns and
a tin roof.
h. In the event that the carport is destroyed or damaged to an extent
of more than 50% of its replacement cost at the time of destruction,
this Special Use Permit shall become null and void.
The carport shall meet all regulations of the Land Development
Code, except where amended herein.
Ordinance 0-09-1720
Page3of3
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
2009.
The sec nd reading and public hearing
2009.
ATTEST:
~~
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
~. ~~
Matthew C. G. Boyle
City Attorney
day of
being conducted on the ~_ day of
CITY OF COLLEYVILLE
~~.~"~
David Kelly
Mayor
Zoning and Location Map -Exhibit "A"
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Building Elevation Drawing -Exhibit "C"