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Home My WebLink AboutOrdinances (O-22-2193)-05/03/2022ORDINANCE 0-22-2193 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.382 ACRES, BEING LOT 6, BLOCK 9, OF WOODBRIAR ESTATES ADDITION LOCATED AT 412 BRIARCLIFF COURT, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING TO ENCROACH INTO THE STREET SIDE YARD SETBACK ON A CORNER LOT; 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 encroach into the street side yard setback for a corner lot, Case No. ZC20-036; 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 Ordinance 0-22-2193 Page 2 of 3 authorizing a Special Use Permit for a 360 s.f. pergola to encroach into the street side yard setback for a corner lot on lot on 0.382 acres, being Lot 6, Block 9, of Woodbriar Estates Addition, located at 412 Briarcliff Court, 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 only to the 360 s.f. pergola, which shall be permitted to encroach 15 feet into the corner (street) side yard setback in conformance with this ordinance. b. The pergola shall be situated, constructed and maintained consistent with the site plan and building plans as depicted on the attached Exhibit "B". c. 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 0-22-2193 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 2°d day of March 2022. The second reading and public hearing being conducted on the 3rd day of May 2022. PASSED AND APPROVED BY A VOTE OF 4 AYES, 3 NAYS ON THIS THE 3RD DAY OF MAY 2022. Mayor Richard Newton Nay Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Nay Place 5, Chuck Kelley Nay Place 6, Callie Rigney Aye ATTEST: 7 pve-s--J Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt att City Attorney CITY OF COLLEYVILLE / \ DA/�'� Richard Newton Mayor Exhibit "A" - Location and Zoning Map 4101 4106 103 4102 ' d �6 os ,4100 Slot �" 4100 9101 4100 a 4f01 4100 ! 7 j 4013 -- F BRIDLEWOODS ... ' \605 401Qt_.._� _ _ 601 'v 4009 Z 501 505 509 513 S17 �. 406 4005 40Q. 300 302 304 306 4001 400, 308 G ' 299 DEL P 400 R 3915 301 303 305 307 n 310 3913 400 .N "I OAD -_ 218 3916 3909 3925 3921 3917 3913 210 401 405 4001 313 309 3905 3909 4005 3924 3920 J 3917 215 219 412 404 409 3813 400 4009 3905 f R 4020 4024 312 3809 4013 3901 3801 204 208 401 405 409 Z J m 200 313 3805 4017 4021 4025 fA 3809 ppg�� 309 3805 3805 207 404 408 412 3801 3804 203 3809 400 yfy�1 yl 3801 312 (�� 3725 208 212 300 304 308 3720 3700 A LUTUMN OAKS 3721 3721 3723 6f 3724 3 3716 3717 3716 3717 3716 8 3717 3719 3]20 3712 3713 3712 3713 3712 3713 3716 3715 3712 3708 3709 3708 3709 3708 -20 3708 3711 3709 Exhibit "B" - Site Plan l�Pi Ell p$�# 7 S N W, C`a C, 0ar, 4la . ¢wJ 7 'o ad_rtm 4_i 0-4-JN We N::r. toe % CRY GAr issl it,: c► m —.__ __ :__._ __3Efl 7'_MLc CumvPwl L-_C S kwzw Te. 9dC'A:: ___._.. 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