HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2040)-04/17/2018ORDINANCE 0-18-2040
AMENDING ORDINANCE 0-08-1659 CONDITIONS; 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 Council approved Ordinance 0-08-1659 on February 19,
2008 to grant a rezoning request from the AG Agricultural district
to the PUD-R Planned Unit Development - Residential district on
6.4 acres located at 1301 Glade Road, under Case Z-08-002;
and
WHEREAS, the applicant has requested an amendment to Ordinance 0-08-
1659 to amend Section 8.d to allow for a 5:12 roof pitch on Lots
1-9, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816,
4812 and 4808 Carmel Place, under Case ZC18-008; 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 designed to lessen
congestion in the streets; and 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 0-18-2040
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
changing the zoning on Lots 1-9, Block 1, of the Carmel Place
Estates, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816,
4812, and 4808 Carmel Place, from the PUD-R Planned Unit
Development-Residential Zoning District to the PUD-R Planned Unit
Development-Residential Zoning District, as depicted in the
attached Exhibit "A".
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. General
a. The following amendments to Ordinance 0-08-1659 are
hereby authorized:
i. Section 8.d of Ordinance 0-08-1659 is hereby
amended to revise the Roof Pitch requirement to allow
an exception for roof coverings other than composition
shingles to have a pitch less than 10: 12 but not less
than a 5: 12 pitch.
ii. Ordinance 0-08-1659 herby remains valid and all
provisions of Ordinance 0-08-1659 shall remain in full
force and effect except where amended herein.
Ordinance 0-18-2040
Page 3 of 4
Sec. 4. 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. 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 3rd day of April
2018.
The second reading and public hearing being conducted on the 17th day of
April 2018.
Ordinance 0-18-2040
Page 4 of 4
PASSED AND APPROVED BY A VOTE OF '7 AYES, Q NAYS, AND 0
ABSTENTIONS ON THIS THE 17TH DAY OF APRIL 2018.
Mayor Richard Newton Ayr Mayor Pro Tern Bobby Lindamood `��
Place 1, Tammy Nakamura AYE Place 5, Nancy Coplen &KC_
Place 3, Kathy Wheat AYe Place 6, Mike Taylor AYE
Place 4, George Dodson
ATTEST: OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
'APPROVED • S TO FORM AND LEGALITY:
Whjii . Wyatt
City Attorney
Exhibit "A"- Zoning Map
1]44 inn,1i13 14'4/ 11.24 5009 5608 5009 5008 5005 - +3--
ICOM 1108 1112 1116 1120 5005 1300 5004 5004 5011
5005 5001 'wog
100 SAB NE 5001 —i _. 5600 5001 4005 Soo° 4 3009
112 1201 Q 1304 4908 ---4001— 2
7 5005
11051109 1113 PUD-R it -PUD-Ft 4904 PUD-R Q
1117 m
l ~ 1308 1312 �� 14oa�?
Cd1416 150[
1110 1120 1124 1128 1132 1301
1300
1304 1405
/
GLADE
PUD-C4920
U
1205 1209
1117 1201 5 1317 4900
4916
_ a
J
W
1108 1112 4912 2
1213 CC
a R-40
4908 U
JO CAROL 1315 4808
j 1117 1209 4828 4 01309 AG
1109 1113 ..PUD-R
4824 4800
R-20
12001205 4820
1108 1112 p.
1313
4816 4712
—GARRy LYNNE
1201
1109 1113 1117
V4808
4708
1112 1116 1200 1204 1208 1212 1218 1300 1304 1308 1312 4700 AG
4812
Vicinity Map
„.' ZC16-015 t
CdLLEYVILLE 4916,4912,4908,4828, Ame; f. :11 /�
4824,4820,4816,4812,AND 4808 �) �, �
CARMEL PLACE ll►'A '' ��n`e
E. .q,.F1hl �- 5
.tflm -, n .QSubject Property IV ,;u
Iry 10141
4311 1 inch=208 feet 11, r.