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HomeMy WebLinkAboutOrdinances (O-04-1488)-11/16/2004 II ORDINANCE 0-04-1488 AN ORDINANCE AMENDING ORDINANCE 0-01-1273, BY REPLACING SECTION 1, PARAGRAPH 7.e, WITH A PROVISION TO ALLOW A SOLID FENCE TO BE CONSTRUCTED ADJACENT TO THE REAR PROPERTY LINE; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved Ordinance 0-01-1273 on April 3, 2001, to establish the zoning for 10.0 acres of property located in the 3200 block of Glade Road; and WHEREAS, the developer has requested an amendment to Ordinance 0-01- 1273 to modify language regarding the regulations contained in Section 1, paragraph 7.e, under Case Z-04-033; and WHEREAS, the property owner to the west of Heritage Glen Addition has requested, in accordance with the original zoning request, considerations regarding placement of said fencing; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interest of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 1, Paragraph 7.e, of Ordinance 0-01-1273 is hereby amended in its entirety to read as follows: Section 1, Paragraph 7.e. - No wooden fencing shall be constructed between the metal ornamental fence and the row of Leyland Cypress trees. If any type of additional fencing is constructed in the rear yard of any lot, other than the fencing on the side property line and the metal ornamental fencing on the rear property line, then said fencing shall be no closer than 15 feet of the rear property line of any lot. This paragraph shall not apply to the northern property lines only of lots 10, 11, and 12, and the easterly rear property lines of Lots 12 and 13. In no way shall any fencing constructed in any rear yards harm or inhibit the growth and health of the Leyland Cypress trees planted along any rear property line. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-1488 Page 2 of 2 THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT Ordinance 0-01-1273, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the .J A....&l day of ~d..t..#n~ 2004. e second reading and public heanng being conducted on the /~ ~ day of ~1"U"'0f!222~ 2004. ??J'. · Cynthia Singleton, TRMC City Secretary AS TO FORM AND LEGALITY: