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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.