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HomeMy WebLinkAboutOrdinances (O-22-2218)-09/20/2022ORDINANCE 0-22-2218 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.24 ACRES, BEING LOT 1, BLOCK 4, FOX MEADOWS ADDITION, LOCATED AT 3307 HUNTINGTON DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING TO ENCROACH INTO THE STREET SIDE YARD; 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, Case No. ZC22-032; 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 building to Ordinance 0-22-2218 Page 2 of 3 encroach into the street side yard setback Lot 1, Block 4, Fox Meadows Addition, located at 3307 Huntington Drive, 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 a new 220 s.f. accessory building (11 feet by 20 feet) to encroach into the street side yard setback and be no closer than 25 feet from the property line. 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. The fence, when needed to be replaced, shall be allowed to be 1 foot closer to the street side property line than the accessory building, at 24 feet. e. Variances to the front (26.7 feet) and street side (29.1 feet) setbacks for the house are hereby granted. f. 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. Ordinance 0-22-2218 Page 3 of 3 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of September 2022. The second reading and public hearing being conducted on the 20th day of September 2022. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF SEPTEMBER 2022. Mayor Bobby Lindamood Aye Mayor Pro Tern Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: V ,�� � Christine Loven, TRMC City Secretary APPROVED AS TO FORM: W (ittZatt----� City Attorney CITY OF COLLEYVILLE `�44 �d Bobby Lindamood Mayor Exhibit "A" - Location and Zoning Map -- - -- — 3307 3313-- -- ----- -- 503 3303 31 3401 3403 3403409 501 330 3309 407 50 50 3301 331 XGLEN DRIVE 41 P 330 3306 5307 5306 3300 3304 331 3402 3406 3410 3306 3900 5305 50 5304 5305 5305 5304 5303 5303 3403 3501 3505 W 5302 5303 5303 5302 Z 5301 g 40 50 50] '4 5300 5301 $300 F 5301 53W I,i �X ME/1DDWS DRIVE 1 5205 K 5204 5205 W 52" 5207 350 3504 5206 x 3402 5204 8 5203 5202 5203 5202 5205 3404 50 309 5203 —_._..._ 5202 MM 3301 3303 3305 c 330 5200 5200 401 5201 5203 NUNTINFTON DRIVE sooa 5204 31 3406 3300 310 304 30 314 402 3404 3302 306 400 5201 511] 5109 5112 5202 5107 5029 5113 D- 5200 PU sloe R slos AG 5109 � 5024 Sao 2 5025 3900 V 5104 V 5103 YJ 5105 >i 5020 y�j 5021 5100 5006 5100 8 5101 W 5101 3016 501] 5016 3 5009 L 501] 5013 5013 5004 S 500] 5012 50f3 50 9 Exhibit "B" - Site Plan L l 'The build tine for be alr nl Mde Paid se@uk Is W ft. Ile upplium has the build [Inc a H t. in this ahibi ' 'fnermeM1men�oN.S fl: Floor Layout Ordinance 0-22-2218 Page 6 of 3 Overall Site Exhibit Showing Setbacks for House FIND 'CAPPED R = 924.15' L - 26.78' / FND CAPPED / 1/2• 3' U11LM & PED. I 3B8-202/D7 Water FI R 200.00 L = 52.64 mFND CAPPEI O 1/2' I U 3 o Ps z b O z Z LOT 34 / MS-202 / 37 RECORD — 71.52D 1/2• IR kS S 89' 50' 53" E — 71.86' M I LOT 1 Ir/./ T I3B8-202 / 37 ME ND 1 /2• Yt MEAS. S 89' 56' 30" W DIRECTIOWIL CONTROL UNE 3307 HUNTINGTON DRIVE SCALE: 1' - 30' CIIRVFYMC CFR Ann&! PAo � 00 ro AU n M O IM Panel IC W 8. / N � / 9W N 25' B.L DOUNMW LINE BURDING —rr— W MAD UTIUM — — FENCE I BRICK p ® WODD DECK U CONCRETE LOT 2 3W-202 / 37 IR This survey is F cceptej7 and op, Purchaser 26- f If- Exhibit "C" - Elevation *Hardy siding to be used *Color to match and/or complement the colors of the house Imimimimimimimim imimimIIMIMINI