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Home My WebLink AboutOrdinances (O-09-1738)-12/01/2009DENIED WITHOUT PREDUDICE DECEMBER 1, 2009 ORDINANCE 0-09-1738 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 CARPORTS ON LOT 11, BLOCK 1, KINGSTON 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. ZC09-013; 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 i IWHEREAS, 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 0-09-1738 Page 2 of 4 ~' 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 the carports on Lot 11, Block 1 of the Kingston 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 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: 1. General a. No more than two carports shall be permitted and the carports shall remain as shown on Exhibit "C" labeled Building Elevation Drawing and shall meet the following requirements: Carport A (1) The carport shall have dimensions of 12 feet by 24 feet. (2) The carport shall not exceed 288 square feet. (3) The carport shall not exceed 11 feet in height. (4) The carport shall be a minimum of 1.5 feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a metal roof. Ordinance 0-09-1738 Page 3 of 4 Carport B (1) The carport shall have dimensions of 20 feet by 24 feet. (2) The carport shall not exceed 480 square feet. (3) The carport shall not exceed 14 feet in height. (4) The carport shall be a minimum of five (5) feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a tin roof. b. In the event that any or all carports permitted under this ordinance are 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. c. There shall be no additions allowed to either the carports approved by this ordinance or the accessory building to which they are attached without the approval of a new Special Use Permit by the City Council. d. The carports shall meet all regulations of the Land Development Code, 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. Ordinance 0-09-1738 Page 4 of 4 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 ublic hearing being conducted on the ~~ day of 2009. he second reading a public hearing being conducted on the / `~~ day of ~~ ~/yr~ 2009. DENIED WITHOUT PREDUDICE DECEMBER 1, 2009 ATTEST: CITY OF COLLEYVILLE 1 / Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. 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