HomeMy WebLinkAboutOrdinances (O-22-2191)-Withdrawn-02/01/2022WITHDRAWN BY APPLICANT – FEBRUARY 1, 2022
ORDINANCE O-22-2191
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.724 ACRES, BEING LOT 6, BLOCK 1, OF WESTERN
TRAILS COLLEYVILLE, LOCATED AT 505 TUMBLEWEED TRAIL, BY
AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY
BUILDING TO EXCEED THE PERMITTED LOT COVERAGE; 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 building to exceed the permitted
lot coverage, Case No. ZC20-035; 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.
Ordinance O-22-2191
Page 2 of 3
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 building to
exceed the permitted lot coverage on 0.724 acres, being Lot
6, Block 1, of Western Trails Colleyville, located at 505
Tumbleweed Trail, 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 1,261 s.f.
4.22% lot coverage for the accessory building (4.22% lot
coverage) and the addition of 720 s.f. for a total lot
coverage of 6.5%.
b. The accessory building shall be generally consistent with
the site plan and building plans as depicted on the attached
Exhibit “B”.
c. The accessory building shall be generally consistent with
the building elevations and floor plan as depicted on the
attached Exhibit “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 O-22-2191
Page 3 of 3
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.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1st day of
February 2022.
The second reading and public hearing being conducted on the 15th day of
February 2022.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE
15TH DAY OF FEBRUARY 2022.
Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney 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
Exhibit “B” – Site Plan
Exhibit “C” – Elevation