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HomeMy WebLinkAboutOrdinances (O-10-1746)-04/20/2010ORDINANCE 0-10-1746 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING TH COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXA: AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP B AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 11, BLOCK KINGSTON ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FO INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLAR ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Perm under Case No. ZC10-002; 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 i 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 0-10-17~ Page 2 of NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O 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 one carport shall be permitted and the carport shall remain as shown on Exhibit "C" labeled Building Elevation Drawing and shall meet the following requirements: (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 located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (5) The carport support columns shall be constructed of masonry columns. (6) The paving requirement for the driveway that accesses the carport from a public street is hereby waived but the area underneath the carport shall be paved per the requirements of the Land Development Code. b. The carport shall meet all regulations of the Land Development Code, except where amended herein. Ordinance 0-10-17~ Page 3 of Sec. 5. THAT any person, firm or corporation violating any of the provisions terms of this ordinance shall be subject to the same penalty as provid for in the Comprehensive Zoning Ordinance of the City of Colleyville, a upon conviction shall be punishable by a fine not to exceed the sum Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shalli, have the right to seek injunctive relief for any and all violations of this'', ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The ~rst readin and ublic hearin bein conducted on the ~ day of g p 9 g 2010. he cond reading and public hearing 2010. bein conducted on the ~'~ da of g Y ATTEST• , ynthia 'ngleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE ~~ David Kelly Mayor Location and Zoning Map -Exhibit "A" S~Dd PUDR PUDR 6516 6517 6516 6517 AG ~` Site 6513 12 6513 6509 6508 6509 uoc 6508 6505 6504 6505 6504 6501 6500 6501 131 6500 6417 6416 6417 6413 6412 6413 AG 6409 640$ 6409 6405 6404 6405 6401 6400 6401 Site Plan -Exhibit "B" i- ., ti ~,. ~ ~ ~., .y .. ~; `~ ~ . c \.~ ~~ o , ~, z `~ .~ .. Building Elevation Drawing -Exhibit "C" 1~ ~ -..~ sr'EE~`eui~.ofN~ 4a.~ FRONT ELEVATION