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HomeMy WebLinkAboutOrdinances (Ordinance O-20-2122 DENIED)-Denied-07/21/2020uenieo oy a vote or i-u on jury ci, cucu. ORDINANCE 0-20-2122 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.48 ACRES, BEING LOT 1 BLOCK 1, OF THE STOWE ADDITION, LOCATED AT 816 SHELTON DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A 5 FOOT STEEL FENCE TO ENCROACH INTO THE SIDE YARD SETBACK FOR A CORNER LOT; 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 5 foot steel fence to encroach into the street side yard setback for a corner lot under Case No. ZC20-009; 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 amend the City's zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City's zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City's zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 5 foot steel fence to encroach into the street side yard setback for a corner lot on 0.48 acres, being Lot 1 Block 1, of the Stowe Addition, located at 816 Shelton Drive, as depicted on the attached as Exhibit "A". Ordinance 0-20-2122 Page 2 of 3 Sec. 2. 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. 3. 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 5 foot steel fence to encroach into the street side yard setback for a corner lot. b. The fence location shall be approximately 10 feet from the street side property line and shall be generally consistent with the site plan and as depicted on the attached Exhibit "B". c. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. Ordinance 0-20-2122 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted Ze7 y of July 2020. The second reading and public hearing being convicted on the 215t day of July 2020. � PASSED AND APPROVED BY A VOTE OF _ ES, _ NAYS, AND —ABSTENTIONS ON THIS THE 21ST DAY OF JULY 2020. Mayor Richard Newton /ayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamurae 5, Chuck Kelley Place 3, Kathy Wheat e 6, Callie Rigney Place 4, George Dodson ATTEST: Christine Loven RMC City Secretar D AS TO FOR ,Whitt Wyatt City Attorney CITY OF COLLEYVILLE Richard Newton Mayor Exhibit "A" - Location and Zoning Map 6208 901 905 1001 6103 903 R- 0 907 R-40 AG 6114 6117 6200 �JI 6115 R-40 611z slos 6114 6113 6008 6108 6001 6109 _ 6100 R-20 5917 6105 6304 I 20 JLV 704 6014 0 CODKS LANE-- --------- R-4O Q A ._..___..- aoo so 4 0 sib z R 40 0C 6013 6301 SHEL-TON-DRIVE--_-- -------__-- a 6001 Q 1 I 701 705 801 605 5916 5912 1100 5908 704 708 B00 5904 808T Exhibit "B" - Site Plan GVON NnN INVSV31d o6 H Est E R S Ao 8"a gVg R eft em =d Q� g- .0 ECdLJ OLE 00 Tn 1.3M PP9 Hipp b 6 s� 3.90.00JDON I V 7S, J1 0-4 1,