HomeMy WebLinkAboutOrdinances (O-04-1488)-11/16/2004
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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.
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Cynthia Singleton, TRMC
City Secretary
AS TO FORM AND LEGALITY: