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HomeMy WebLinkAboutOrdinances (O-21-2177)-10/19/2021ORDINANCE 0-21-2177 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.39 ACRES, BEING LOT 2R, BLOCK 1, OF THE MOCKINGBIRD HILL ADDITION, LOCATED AT 6250 POOL ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING; 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. ZC20- 029; 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 amend the City's zoning ordinance; and WHEREAS, the Planning and Zoning Commission has given reasonable consideration to, among other things, the character of the City's zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and State law with reference to changes to zoning classifications under the City's zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. 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 Ordinance 0-21-2177 Page 2 of 3 1.39 acres, being Lot 2R, Block 1, of the Mockingbird Hill Addition, located at 6250 Pool 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: a. The Special Use Permit shall apply to the new accessory building, including an accessory dwelling, consisting of 1,166 s.f. (799 s.f. dwelling, 377 s.f. covered porch). b. The accessory building and dwelling shall be used in strict conformance with the Land Development Code, except as amended herein. In particular, the accessory dwelling shall not be offered for lease and/or rented at any time, regardless of duration. C. The accessory building shall be generally consistent with the site plan and building plans as depicted on the attached Exhibit "B". d. The accessory building shall be generally consistent with the building elevations and floor plan as depicted on the attached Exhibit"C". e. 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. Ordinance 0-21-2177 Page 3 of 3 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of October 2021. The second reading and public hearing being conducted on the 19th day of October 2021. APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 19TH DAY OF OCTOBER 2021. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Ave Place 3, Kathy Wheat Aye Place 4, George Dodson Ave Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: Christine Loven, TRMC City Secretary Whitt Wyatt City Attorney 7F COLLEYVILLE Richard Newton Mayor Isr r 26 2605 �5 �® 2513 6300 � t t ' 6260 n � •1 A � 1"' io .�eVIIfi c 69 L�'+e .. ,� �FiDL _.3J•f'.>_ Exhibit "B" - Site Plan is Exhibit "C" - Elevations & Floor Plan I 4V'Xau m I uj iS to!