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HomeMy WebLinkAboutOrdinances (Ordinance O-19-2091)-09/17/2019I Il1J VKVl1YH1•ILC WHJ VCIYlCU JCYI CM6CK 1/, CV 17. l.VV14%ALMCM0CK IYAKAMVKH MAUC A MOTION TO DENY, SECONDED BY COUNCILMEMBER DODSON. THE VOTE TO DENY WAS APPROVED BY THE FOLLOWING VOTE: MAYOR NEWTON -AYE; MAYOR PRO TEM LINDAMOOD- NAY; COUNCILMEMBERS: NAKAMURA-AYE; WHEAT -NAY; DODSON-AYE; KELLEY-AYE; RIGNEY-NAY ORDINANCE 0-19-2091 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 A RESIDENTIAL CARPORT AND TO EXCEED THE 4% LOT COVERAGE FOR ACCESSORY BUILDINGS; 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 and a carport under Case No. ZC19-007; 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 Ordinance 0-19-2091 Page 2 of 4 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. 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 residential carport and to exceed the 4% lot coverage for accessory buildings, on 0.5738 acres, being 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 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: S.GENERAL a. The Special Use Permit shall permit the construction of a new carport. b. The size of the carport shall be 462 SF for a total lot coverage for accessory buildings of 6.4%. Ordinance 0-19-2091 Page 3 of 4 c. The accessory dwelling shall be generally consistent with the, site plan and building elevations as depicted on the attached Exhibits "B" and "C". d. 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 0-19-2091 Page 4 of 4 MOTION TO DENY PASSED AND APPROVED BY A VOTE OF 4 AYES, 3 NAYS, AND 0 ABSTENTIONS ON THIS THE 17TH DAY OF SEPTEMBER 2019. Mayor Richard Newton AYE Mayor Pro Tern Bobby Lindamood NAY Place 1, Tammy Nakamura AYE Place 5, Chuck Kelley AYE Place 3, Kathy Wheat NAY Place 6, Callie Rigney NAY Place 4, George Dodson AYE ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit "A" - Location and Zoning Map AG 7409 721 7305 7304 7213 — 7300 7301 7209 Ce $ 7208 7209 0 O 7205 J 7304 7300 $ 7208 R-20 7201 7204 J 7205 P o 7204 7117 7113 7200 7109 7112 7105 7101 7108 7201 7200 7305 7301 7205 7201 7113 7113 7112 7109 7109 1008 Exhibit "B" - Site Plan u ".S Z U „ i z i9 Ik uarn ivxs fO 9d^ Z x'a 0w""„s� � � •vvWVVv� ;� N YI O 0 V s s g b M O g ¢ � JYryKn �nJ`e I aNIS$§� , 3 R 8< i O i t t i �at 9 i}} a .IW M2 q a I I RUM u 0 m4g $u�Dt9i$ er life Exhibit "C" - Elevations & Floor Plan U k S [ Z W u j I Itiwvt 133w awi pe 4 3'C3 tOn W «Y mo �� 6 e 5 gg O 6 38f 20 RE o- i r, R, � � mto � . 7 HBO.\ i / \ \ °� (§ t ^ R \ \\ !j |\ 2 / I / ©) ) _. .oB ! --- « } f \ tie \ q ` 2 / \ ( ~ a OR A. k \ § | �} \}} M.. ) \ \