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HomeMy WebLinkAboutOrdinances (O-14-1903)-01/07/2014 11 WITHDRAWN BY APPLICANT JANUARY 7, 2014 ORDINANCE 0-14-1903 AN ORDINANCE AMENDING THE ZONING ORDIN ANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 3, BLOCK 1 OF THE LAVACA PARC ADDITION, LOCATED AT 6212 LANTANA COURT BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; 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 a Special Use Permit for an accessory building under Case No. ZC13- 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 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 Ordinance 0-14-1903 Page 2 of 4 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 changing the zoning on Lot 3, Block 1 of the Lavaca Parc Addition located at 6212 Lantana Court by authorizing a Special Use Permit for an accessory building, as depicted on Exhibit "A" and Exhibit "B" and described in Exhibit "D". 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 construction of an accessory building. b. The accessory building shall not exceed 900 square feet in size including all covered patio areas. c. The accessory building design and exterior materials shall be generally consistent with Exhibit "C". d. Rain gutters shall be required on the building with all gutter discharge piped to the nearest approved drainage facility. Ordinance 0-14-1903 Page 3 of 4 e. The existing trees in the back yard to be relocated for the proposed building shall be located in the 10 foot utility easement in the backyard between the building and the rear property line. f. The air conditioning unit for the building shall be located on the north side of the building. g. All west facing windows shall contain frosted glass. h. No person may occupy the accessory building authorized by this ordinance for a period of longer than 14 consecutive days. i. 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. 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 0-14-1903 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted by City Council on the 7th day of January 2014. The second reading and public hearing being conducted by City Council on the 21st day of January 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map 6525 725 7 925 921 913 909 f E 1 9 R-40 PLI R 6524 I 813 I 6300 Z 6301 6300 1 6304 6232 �! 6233 6301 6228 6229 f' 6224 t 6212 ay 1 1 6225 I 6213 � �' 6220 6221 R s 6216 2.. 6217 6208 1 Subject _ ; 6209 Property 6212 ■ 6213 t„,cr, ,. , i , 6208 I' 6209 6204 t+ 6205 '- 6204 6205 Finn f 62(15 s7no E 6201 Exhibit "B" — Site Plan and Floor Plan ----- ..t En en 3g17-- t,7 U .4. ' 18 .,, T9'rti 2 ,T -- 47 —4 ' "•& htlX>I4 1 4.7- 1 i -1 471 ,/ I 71111 .— 4, ..acir ' I '.1 fr ‘.., ' § . .4 FXSTING RESIMOCk 411 $1 f I 0 IMI111111 I i FIC -1 t.■ ,.. ... ■. "------J . - , kI. LAIV-1-4NA Catio r u c, tor, ........t I Waif 4 PAW I CITY OF coLeenta i AVIAN,COUNTe TDAS SITE PLAN §' .1', ■ SP.1 A.. of 1... ,, dy Exhibit "B" - Site Plan and Floor Plan Continued ..,- -.____ iitt z ' S , - 4-- Ii CI r - _ . F- _ .4 ROq*MArS _... r LcOA PLAN` A.2 Exhibit "C" — Building Elevations gat- 7 \ •■■ .,, Al Ilk ..„ _ V t Z c. r 6, .i� . REAR ELEVATION FRONT ELEVATION A F V LW U W CI _rr et 7. . ,. .., rr .., _ m..... ... .. x ,.,..,,,,.�._...i-x U i SIDE ELEVATION SRA Li EVATION A.1 Exhibit D - Statement of Planning Objectives Planning and Zoning Commission City of Colleyville November 13,2013 Dear Commissioners: We live in/own our home at 6212 Lantana Court in Colleyville and plan to hire Patrick Duffy of Patrick Custom Homes to be our general contractor to build a 900 square foot"casita"dwelling for us to use as a future pool house as well as to entertain our many out-of-town family and friends who come to visit. We have long desired to be able to offer separate accommodations for guests as well as have a self-contained area for our grandchildren to play and relax when they come to visit. Patrick Duffy is the original builder of the main structure which we purchased from him in 2008 and the plans for the casita have been drawn by the original architect. It is important to us that we maintain the integrity of the original structure by building the casita with the same level of construction quality and finish out. We feel that is best accomplished by utilizing the services of the original architect and builder. Once added, we believe the structure will add significant value and appeal to our home. Sincerely, Bruce and Brenda Huckins 6212 Lantana Court Colleyville,TX 76034 817-577-7006 Bruce Cell 817-360-6500 Brenda Cell 817-781-5555