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HomeMy WebLinkAboutOrdinances (Ordinance O-18-2070)-12/18/2018DENIED DECEMBER 18, 2018 BY A VOTE OF 6-0 ORDINANCE 0-18-2070 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 16, BLOCK 21 OF THE QUAIL CREST ESTATES ADDITION, LOCATED AT 316 QUAIL CREST DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT TO EXCEED THE MAXIMUM SIZE, ENCROACH INTO THE SIDE PROPERTY LINE, AND CONSTRUCTED WITH ALTERNATE MATERIALS; 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 of Colleyville has received an application for a Special Use Permit for a carport to exceed the maximum size, encroach into the side property line, and constructed with alternate materials Case No. ZC18-032; 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 Ordinance 0-18-2070 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 authorizing a Special Use Permit for a carport to exceed the maximum size, encroach into the side property line, and being constructed with alternate materials on the lot on Lot 16, Block 2, of the Quail Crest Estates Addition, located at 316 Quail Crest Drive, as depicted on the attached as Exhibit "A". Sec. 3. 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. 4. THAT the above described tract of land shall be subject to the following conditions: a. The Special Use Permit shall apply to the carport structure as depicted in Exhibit "B" Site Plan, Exhibit "C" Elevations, Exhibit "D" Photos Taken by Staff. b. All requirements of the Land Development Code shall be met, except where amended herein. Ordinance 0-18-2070 Page 3 of 4 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 4th day of December 2018. The cond reading and public hearing being conducted on the 18th day of Decemb 018. PASSED AND APPRO BY A VOTE OF AYES, _ NAYS, AND ABSTENTIONS ON THIS T 18th day of December 2018. Mayor Richard Newton ayor Pro TernBobby Lindamood Place 1, Tammy Nakamura PI 5, Chuck Kelley Place 3, Kathy Wheat Place Callie Rigney Place 4, George Dodson Ordinance 0-18-2070 Page 4 of 4 ATTEST: Christine Loven, TRMC City Secretary CITY OF COLLEYVILLE Richard Newton Mayor APPROVED AS TO FORM AND LEGALITY: Whitt Wyatt City Attorney Exhibit "A" - Location and Zoning Map 401 504 3517 500 404 408 412 416 420 - Pp�EN COURT FALCON COURT y 3513 _ _ _ p 501 400 417 R-15 413 3509 409 405 500 401 412 3505 408 _ 404 308 312 316 400 / I 501 304 409 Exhibit "C" - Elevations } /° §5 �! \� !!_ @§ i !s` k w ;! . H �& | \ • � ` ~| \ & , | I !, .� .| | | lh.• | !i q&� x : _r F r s m M g t N� R- i Y a 'ky t t s pY w r 1 vt. 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