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Home My WebLink AboutOrdinances (O-13-1865)-04/16/2013 DENIED APRIL 16, 2013 ORDINANCE 0-13-1865 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 19, BLOCK 2, OF THE BRIARWOOD- COLLEYVILLE ADDITION LOCATED AT 5804 QUAILS PATH, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC12-032; 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 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 ICI Ordinance 0-13-1865 Page 2 of 4 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 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 the carport on Lot 19, Block 2, of the Briarwood-Colleyville Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A" and as shown on Exhibit "B". 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. No more than one carport shall be permitted and the carport shall remain as shown on Exhibit "B" labeled Dimensions from Above and Dimensions from Front. b. The carport shall have dimensions of 34 feet by 34 feet (1,156 square feet). Ordinance 0-13-1865 Page 3 of 4 c. The carport shall not exceed 11 feet in height. d. The carport shall be located within the side yard setback and shall not be closer than 2.5 feet to the side property line. e. The masonry column requirement is hereby waived and the support posts shall be clad in stained cedar. f. The carport roof pitch shall be of 1:12 ratio. g. In the event that the carport permitted under this ordinance is destroyed or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, this Special Use Permit shall become null and void. h. The carport shall meet all regulations of the Land Development Code, 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. 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 it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-13-1865 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 19th day of February 2013. Continued at the March 5th, 2013 meeting. The second reading and public hearing being conducted on the 19th day of March 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map Location and Zoning Map 5901 1 \ j I \5904 5904 210 5901 5817 5900 - _ 5816 5617 5800 PI 5812 211 207 5813 5817 1 2 5812 5813 5812 5808 3' 5809 n 2E 5808 5809 5808 5809 208 i 5805 M 5804 5805 5804 I' 5800 ,� 5801 205 5801 `Q. 5800 5801 5800-.. ■ 304 210 L Text 1 l Subject Property 501 R-40 • 305 f N W+E 5 Exhibit "B" - Carport Dimensions DIMENSIONS,FROM ABOVE ...-- • (0,4600 • 7 ti EV 1 cr--- 34' -•-•It, AVTO 4-PTE tueem L.A.Aos,Ardkx..- etetoi : 4 Pik'IVEPJA1 WED sPoo- 'A ketruG- rs,s' • Cowl...r • ' co vizi 'J/ a 1 cs_rd I g•ooP ,p i i (otpro., 34' •K iy') li 45' 11) L, 3 ID ..,-"-...7 PAO Oa e. 7...., • C, le e A e 1 A(NiN • C.TOLA ErE A eCErS HO Li 5 E .GATE rlowT LA ON . DIMENSIONS FROM FRONT . , ( .1 / • /,/ • 12:1 5L?re 1 1 I .,, 7,- \ i --t,-,-''._.-. -se--. 3C•S'i ''• JO" FAcia wiTrt ________ - ow/ 4017E4 ".1 RioltIrl '----4: ,..-q. clDe,,,_...7.. .._..._..... --- .(f, __-- ,.... 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