HomeMy WebLinkAboutOrdinances (Ordinance O-19-2090)-09/17/2019ORDINANCE 0-19-2090
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.5738 ACRES, BEING LOT 1, BLOCK A OF THE DIVINO
ADDITION, LOCATED AT 7205 30 WILL STREET, BY AUTHORIZING A
SPECIAL USE PERMIT FOR AN ACCESSORY DWELLLING; 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 an accessory dwelling under Case No. ZC18-
027; 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
Charter of the City of Colleyville, and State Law with reference
Ordinance 0-19-2090
Page 2 of 8
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 an accessory dwelling, being
0.5738 acres on Lot 1, Block A, of the Divino Addition, located at
7205 Jo Will Street, 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 Land Development
Code 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. The Special Use Permit shall apply to permit a new accessory
dwelling located in the accessory building.
b. The accessory dwelling shall be generally consistent with the,
site plan and building elevations as depicted on the attached
Exhibits "B" and "C".
c. The accessory dwelling shall not be rented as a short—term
or long-term rental and shall only allow family members as
permitted for accessory dwellings.
Ordinance 0-19-2090
Page 3 of 8
d. The SUP will expire/terminate with a change of ownership.
e. Upon expiration of the SUP, the stove/oven and associated
connections shall be removed and the opening replaced with
cabinets.
f. All requirements of the Land Development Code shall be met,
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.
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
September 2019.
The second reading and public hearing being conducted on the 17th day of
September 2019.
Ordinance 0-19-2090
Page 4 of 4
PASSED AND APPROVED BY A VOTE OF 7 AYES, 6 NAYS, AND D
ABSTENTIONS ON THIS THE 17TH DAY OF SEPTEMBER 2019.
Mayor Richard Newton Mayor Pro Tern Bobby Lindamood
Place 1, Tammy Nakamura AYCPlace 5, Chuck Kelley
Place 3, Kathy Wheat A'6Place 6, Callie Rigney
Place 4, George Dodson A'
ATTEST:
��
Christine Loven, TRMC
City Secretary
APPROVED
itt Wyatt
i Attorney
TO FORM:
OF COLLEYVILLE 7
Richard Newton
Mayor
Exhibit "A" - Location and Zoning Map
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