HomeMy WebLinkAboutOrdinances (Ordinance O-19-2105)-12/31/2019ORDINANCE 0-19-2105
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 1.68 ACRES, BEING TRACTS 3K & 3Y, ABSTRACT 211, IN
THE BBB & C RY SURVEY, LOCATED AT 509 L.D. LOCKETT ROAD, 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
REAS, the City of Colleyville has received an application for a Special
Use Permit for an accessory dwelling under Case No. ZC19-017;
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
to changes to zoning classifications under the Zoning Ordinance
Ordinance 0-19-2105
Page 2 of 4
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 on the
lot on 1.68 acres, being Tracts 3K & 3Y, Abstract 211, in the BBB
& C RY Survey, located at 509 W. L.D. Lockett Road, 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:
I.GENERAL
a. The Special Use Permit shall apply to the renovation of an
existing barn converted to an accessory dwelling.
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. All requirements of the Land Development Code shall be met,
except where amended herein.
Ordinance 0-19-2105
Page 3 of 4
2. EXPIRATION OF THIS SPECIFIC USE PERMIT
This Special Use Permit shall automatically expire upon any of the
following:
a. The sale or transfer of the property to a person other than
the current owner; or
b. Demolition of the existing primary structure has not been
completed within 2 years of the date of passage of this
ordinance; or
c. Upon the first day of the 19th month following the demolition
of the current primary structure.
In the event this Special Use Permit does not expire pursuant to
sections 2(a) - (c) above, this Special Use Permit shall
automatically expire 42 months from the date of passage of this
ordinance.
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 this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law or
charter in such cases may provide.
Ordinance 0-19-2105
Page 4 of 4
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2019.
The second reading and public hearing being conducted on the 7th day of
January 2020.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS
ON THIS THE 7th DAY OF JANUARY 2020.
Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye
Place 3, Kathy Wheat Aye —Place 6, Callie Rigney Aye
Place 4, George Dodson Ay_e
ATTE�
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
CITY OF COLLEYVILLE
Richard Newton
Mayor
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Exhibit "A" - Location and Zoning Map
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Exhibit "B" - Site Plan
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Exhibit "C" - Elevations & Floor Plan
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