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WITHDRAWN BY APPLICANT JANUARY 7, 2014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
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Exhibit "B" — Site Plan and Floor Plan
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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