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Home My WebLink AboutOrdinances (O-13-1898)-12/17/2013 ORDINANCE 0-13-1898 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 14, BLOCK 7, OF THE OAK CREST HILL ADDITION LOCATED AT 313 OAK CREST HILL DRIVE, 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 Special Use Permit for a carport under Case No. ZC13-016; 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 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 Ordinance 0-13-1898 Page 2 of 4 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 14, Block 7, of the Oak Crest Hill 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." b. The carport shall have dimensions of 20 feet by 20 feet (400 square feet). c. The carport shall not exceed 11 feet in height, and will have a pitched roof of at least 2:12. d. The carport will be attached, meaning within ten (10) feet of the principal building. Since the accessory structure will be attached it will need to meet the side and rear yard • Ordinance 0-13-1898 Page 3 of 4 setbacks for the R20-Single Family Residential zoning district as follows: Side Yard Setback = 10 feet, and the Rear Yard Setback = 25 feet. e. The masonry column requirement is hereby waived and the support posts shall be treated wooden posts. f. The roofing material will be shingles to match the color scheme of the primary structure. 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. TT Ordinance 0-13-1898 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 116- day of 2013. ATTEST: CITY OF COLLEYVILLE 11 . Amyk elley, TR° David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: iNt 0-1 a- Matthew C. G. Boyle City Attorney Exhibit "A" — Location and Zoning Map 5606 � � rr t = �,.: 212 5604 f l��X: i 304 308 ; __se, -COLLEYVIL 312 —316 400 404 204 212 ` [ E ? I iI • • ® ® Ft u - - - HILLSIDE [] 209 213 217 303 .305 309 401 405 Subject 1 Property EU DALV 208 212 216 300 304 308 316 400 404 E OAK VALLEY-DR 209 213 217 301 305 309 313 'L J °-I d cfp Exhibit "B" - Carport Description 313 OAK CREST HILL U are Lox- 211. =CREW PAVING I " LP. PND. ff$9i39 OO W 100.00 1 2" .P. FIND. air #.P. FND NBr a oc I� 100.00 t4TV1'LT + . ) ( CON' ) 80' B.L. B 9 n' 8.6 f 0 . .� L aim R OIDES�$ +i .. . CO'J,''ra t '" n. ...21!1 I '''' K: t nH I r 24 a LOT 13, BLOCK 7 = o � LOS` 16.. BLOCK 7 OAK (NEST HELLS tO - OAK Ct T HILLS VOL. SO a-28. f*G_ 415 a, PtfT� VOL. 3e9—k9, PC. 4I6 P.R.T,C.r. .t I. p.TR-T-C.T. 0 ' [a a1. FRAME BLDG. 1 NOT1 ALL FO OS ARE AM B 1 WOOD EXCEPT AS SHOWN. • CON CBCTE 1 1 LOT 14 I BLOCK 1 . _a. H5,096.6E 9Y. - E'Rl� P[I9T Pty 2" I.R. F'ND- - _. - liYili�;T "n 815115 A1AR^� :38 3°3 CDT! Q{�.Tl RESMS"6$"11 572.10'33,"14 .E 1.2 LOT 211, BLOCK 7 , LOT 19. BLOCK 7 LOT 16, BLOCK 7 OAK CREST HILLS RAN CREST HILLS OAK CORM 131112 VOL MO—CO. PG. 419 VOL 590-20. PG, 415 VOL, SW—M. PG. 415 P.RtC,T. P.RQ_C.T. P.B.T.C.T. EXHIBIT "B" (CONTINUED) Elevation Composition shingle roof Wood posts and beams 11 feet 9 feet ! r 20 feet Exhibit "B" Continued Statement of Planning Objectives I would like to build a structure to protect my daily drive vehicles from hail,sun,and the debris my oak tree creates, My driveway runs along side my house and around the back of my home next to my back door. I come and go thru my back door ,do not park in front but behind my privacy fence.The structure I propose would not be seen from the street or by my neighbors. It would not be higher than my existing roof.Thank you for considering my request.