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HomeMy WebLinkAboutOrdinances (O-23-2255)-09/19/2023ORDINANCE 0-23-2255 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.57 ACRES BEING, LOT 17, BLOCK 3, HIGHLAND ACRES ADDITION, LOCATED AT 5108 BRANSFORD ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING; 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 dwelling under Case No. ZC23- 019; 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 dwelling on 1.57 acres, being Lot 17, Block 3, Highland Acres Addition, Ordinance 0-23-2255 Page 2 of 3 located at 5108 Bransford Road, 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 1,159 s.f. b. The accessory dwelling 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. 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. 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. Ordinance 0-23-2255 Page 3 of 3 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 2023. The second reading and public hearing being conducted on the 19th day of September 2023. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 19TH DAY OF SEPTEMBER 2023. Mayor Bobby Lindamood Absent Brandi Elder, Place 1 Aye Scotty Richardson, Place 3 Aye Chuck Kelley, Place 5 Aye ATTEST: Christine Loven, TRMC City Secretary APPROV AS TO FORM: Whitt L. Wyatt City Attorney Mayor Pro Tern Callie Rigney Aye George Bond, Place 2 Aye Ben Graves, Place 4 Aye CITY OF COLLEYVILLE Callie Rigney Mayor Pro Tern Exhibit "A" - Location and Zoning Map Exhibit "B" - Site Plan 1 < W1il S�:Ilt i W H �a'[�jj paKV <yz;1� a W 6 O OO�y p2 Oa OZp �Op uGG v_. ZZ < sae o i m � lssiE i!tt!:lio'! Jill )l�li , � t I ii" ,iieiililiilill;L3 iiilil al IJ I�q t j�. s � u ,MMW mn.000aaum.a � 6s. pis 96 Exhibit "C" - Elevations and Floor Plan CSC= 1 i — i I 1 I 1•