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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 3605 3609 3613 4808 4804 3705 4809 4804 4804 3608 4728 4724 3604 3812 4729 4800 4720 COT5WOLO COURT 4724 4732 _ O 4728 4712 X 4720 Y 3613 4724 3605 3604 4716 4716 4720 A708 D PU -R 4732 4721 a yg 16 17 E 47fC g 4704 3606 3612 4732 L()4 4708 � 4717 4708 S 4704 WYNEWOODPIACE m 4713 4700 4704 4712 4709 3605 3609 3813 4708 3601 4709 PUD-R 4704 4 00 4624 4629 3700 4609 4620 3606 .S Z 4625 - 4725 4618 NS 4 &CE pa -- 00R. - O 4621 4612 4605 R-20 4608 3701 4617 _ 4604 3605 4600 4601 4613 4536 4536 4532 4504 - 4609 452a 452 �{( asos R-40 4503 RE 4520 • s 4516 V " 0 Exhibit 1113" - Site Plan Nros +se.i G iwn terse on wall II II �l 1 i PV.X: 6528-AR I Fv.STSD , I � rs-se s 1m imu n rm wix It cavauec si.1 �I 1 1 8/2!/18 p[iLRCILE W. 11UBf1036 i.4 MN w �1� MmM]a luW.IF vl.w aa6N. 4FJn�A�ip�4i�Y.M palylvb .a'nyea�e)M ,O Mm esaliw .l q W. � v reJVM.t��•wlh P y��y� Y4 M R1 ldlwl, H m.T.A h eM16,4e1E' 4N ! I.L4Y 6Y mt k ..fe. ahem N �� S4MM, ea' ea u..I.a .9 t40. ea,n.,.•.. bplmWY I „• rPu tm. vi M SIn 1 15' BUILDING - � LINE M2 eaysnuencw dnA�f/rn* 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 O TOTAL CORE 1876 WM l� N 1RE<3 a fR90 Ic ® BMVR. SaE 1-f pf➢N 1' M[) ii=