HomeMy WebLinkAboutOrdinances (O-22-2229)-12/20/2022ORDINANCE 0-22-2229
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 8.48 ACRES, BEING LOT 1, BLOCK 1, OF THE KRAMER
ADDITION, LOCATED AT 312 WHITE DRIVE, BY AUTHORIZING A
SPECIAL USE PERMIT FOR AN ATTACHED ACCESSORY DWELLING TO
EXCEED THE MAXIMUM SIZE ALLOWED; 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 attached accessory dwelling to exceed the
maximum size allowed under Case No. ZC22-037; 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 attached accessory
Ordinance 0-22-2229
Page 2 of 4
dwelling to exceed the maximum size allowed on 8.48 acres,
being Lot 1, Block 1, of the Kramer Addition, located at 312
White 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 the new accessory
dwelling of approximately 8,150 s.f. to be attached by a
corridor connection to the existing structure.
b. The accessory dwelling and corridor connection shall be
generally consistent with the site plan and building plans as
depicted on the attached Exhibit "B".
c. The accessory dwelling shall be generally consistent with
the building elevations and floor plan as depicted on the
attached Exhibit "C".
d. The following shall be required as part of the permitting of
the addition:
1. The applicant shall retain a Licensed Fire Protection
Engineer to design the connection of the new addition
to the existing residence.
2. The engineer may have to combine several
International codes to achieve an acceptable fire
rating for the said connection.
3. The plans submitted for a Building Permit are required
to be stamped by the Licensed Fire Protection
Engineer.
Ordinance 0-22-2229
Page 3 of 4
4. The new addition and connection corridor shall have
an NFPA 13D fire sprinkler system permitted by a
contractor Licensed by the Texas State Fire Marshal.
5. The existing smoke detection system in the existing
primary residential structure shall be interconnected
to the smoke detection system installed in the new
accessory dwelling structure identified in Section 1(a),
above; ensuring that both systems will at all times
provide simultaneous notifications and alarms.
e. All requirements of the Land Development Code shall be
met, except as 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 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
December 2022.
The second reading and public hearing being conducted on the 20th day of
December 2022.
Ordinance 0-22-2229
Page 4 of 4
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH
DAY OF DECEMBER 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:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:._.
ZhittWyatt
City Attorney
ITY OF COLLEYVILLE
Bobby Lindamood
Mayor
Exhibit "A" - Location and Zoning Map
Exhibit "B" - Site Plan
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