HomeMy WebLinkAboutOrdinances (Ordinance O-19-2103)-12/03/2019ORDINANCE 0-19-2103
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.2989 ACRES, BEING LOT 20, BLOCK 1 OF THE
CREEKSIDE AT COLLEYVILLE ADDITION, LOCATED AT 4708 LATOUR
LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A 6 FOOT IRON
FENCE ON A RETAINING WALL WITHIN THE STREET SIDE YARD;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville has received an application for a Special
Use Permit for a fence under Case No. ZC19-016; 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 0-19-2103
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 a 6 foot iron fence on a
retaining wall within the street side yard, on 0.2989 acres, being
Lot 20, Block 1, of the Creekside at Colleyville Addition, located at
4708 Latour Lane, as depicted on the attached as Exhibit "A".
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 permit the construction of a 6' iron
fence on the retaining wall.
b. The fence shall be generally consistent with the site plan as
depicted on the attached Exhibit "B".
c. 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
Ordinance 0-19-2103
Page 3 of 4
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.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of
November 2019.
The second reading and public hearing being conducted on the 19th day of
November 2019.
PASSED AND APPROVED BY A VOTE OF -(a- AYES, D NAYS, AND Q
ABSTENTIONS ON THIS THE 19TH DAY OF NOVEMBER 2019.
Mayor Richard Newton Ave. Mayor Pro Tern Bobby Lindamood hbss
Place 1, Tammy Nakamura Ayt- Place 5, Chuck Kelley "6-
Place 3, Kathy Wheat Ay6 Place 6, Callie Rigney
Place 4, George Dodson A e-
Ordinance 0-19-2103
Page 4 of 4
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS T FO
Whitt Wyatt
City Attorney
1F F COLLEYVILLE
1 a45:�K—
Richard Newton
Mayor
Exhibit "A" - Location and Zoning Map
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4708 LATOUR LANE
LOT 20, BLOCK 1
CREEKSIDE AT COLLEYVILLE
COLLEYVILLE, TEXAS
LENNAR HOMES
FENCES: 299'
SOD FRONT: 2546 tT SQ
SOD REAR: 5662 FT/
CONCRETE SOFT.
Driveway
789
Lead Walk
100
City Walk
864
Approach
123
Patio
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