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HomeMy WebLinkAboutOrdinances (Ordinance O-20-2109)-02/18/2020ORDINANCE 0-20-2109 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.06 ACRES, BEING LOT 1, BLOCK 1, OF THE SCHILLER ADDITION, LOCATED AT 2001 HALL-JOHNSON 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 EREAS, the City of Colleyville has received an application for a Special Use Permit for an accessory dwelling under Case No. ZC19-022; 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 0-20-2109 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 1.06 acres, being Lot 1, Block 1, of the Schiller Addition, located at 2001 Hall -Johnson 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: 1.GENERAL a. The Special Use Permit shall apply to the existing 691 s.f. 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. d. The Special Use Permit will expire upon sale of the property. Ordinance 0-20-2109 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 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. D IT IS SO ORDERED. Fhe first reading and public hearing being conducted on the 4th day of February 2020. he second reading and public hearing being conducted on the 18th day of February 2020. (PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 18th DAY OF FEBRUARY 2020. ayor Richard Newton Aye l ace 1, Tammy Nakamura Aye ace 3, Kathy Wheat Aye ace 4, George Dodson Ave Mayor Pro Tern Bobby Lindamood Ave Place 5, Chuck Kelley Ave Place 6, Callie Rigney Ave Ordinance 0-20-2109 Page 4 of 4 ATTEST: Christine Loven, TRMC City Secretary JAPPROVED AS TO FORM: Whit Wyatt City Attorney OFF C®OLLEYVILLE Richard Newton Mayor