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Home My WebLink AboutOrdinances (Ordinance O-20-2123)-07/21/2020ORDINANCE 0-20-2123 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.1885 ACRES, BEING LOT 1 BLOCK 8, OF THE CREEKSIDE AT COLLEYVILLE, LOCATED AT 3501 LEJOIE LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A 5 FOOT IRON ROD FENCE TO ENCROACH INTO THE STREET 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 iron rod fence to encroach into the street side yard setback for a corner lot on 0.1885 acres, being Lot 1 Block 8, of the Creekside at Colleyville, located at 3501 Lejoie Lane ("Subject Property"), under Case No. ZC20- 010; and WHEREAS, the City Council previously approved Ordinance 0-07-1645 on November 27, 2007 amending the City's zoning ordinance providing for PUD-R zoning, applicable to the Subject Property. WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to further amend the City's zoning ordinance in the manner set forth herein; 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. Ordinance 0-20-2123 Page 2 of 4 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 iron rod fence to encroach into the street side yard setback for a corner lot on 0.1885 acres, being Lot 1 Block 8, of the Creekside at Colleyville, located at 3501 Lejoie Lane, as depicted on the attached as Exhibit "A". 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 further 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 solely to the Subject Property to allow a maximum 5 foot in height open wrought iron fence to encroach into the street side yard setback (for a corner lot); provided that the fence shall be installed and located on the existing iron posts. b. The fence location shall be approximately 5 feet from the street side property line and shall be generally consistent with the site plan as depicted on the Site Plan attached Exhibit "B". c. The fence shall be aligned with the existing iron fence on the property located at 3500 Valmur Avenue (Lot 18), situated immediately adjacent to the Subject Property (at the rear of the lot); as depicted in Exhibit B. d. No fence shall extend across the rear lot into the side yard setback unless the portion of the fence extending into the side yard setback is of the same open wrought iron Ordinance 0-20-2123 Page 3 of 4 material and design as the adjacent property at 3500 Valmur Avenue. e. All requirements of the Land Development Code shall apply to the Subject Property, except where expressly 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of July 2020. The second reading and public hearing being conducted on the 21st day of July 2020. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 21st DAY OF JULY 2020. Mayor Richard Newton Aye Mayor Pro Tern Bobby Undamood Aye_ Place 1, Tammy Nakamura Aye Place 5 Chuck Kelley Aye Place 3, KathyWheat Aye Place 6, Callie Rigney Aye Place 4, George Dodson Aye Ordinance 0-20-2123 Page 4 of 4 ATTEST: ^ Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney �i Y OF COLLEYVILLE C / ichard Newton Mayor Exhibit "A" - Location and Zoning Map } 4 103 4112 4101 4300 6 4108 4101 3402 3404' 4104 3503 4100 -1aD 4020 `-R 3405 3407 3301 4016 4012 3408 3410 4004 ,.. 4007 4008 sDW DEN HMILL LANE+ 4004 4005 3407 3409 3411 4000 4003 3920 3406 3409 3410 D 4001 3916 LANGLEY N1LL LANE W 3909 3912 3407 3409 3411 j 3908 3907 3904 3408 3410 3412 3905 3900 MIDDLETON WAY 3903 4117 3712 13708137041, 4113 4012 BAROOI,IIq } 601 4109 0 4008 8 } 4009 4008 4105 4004 4005 4004 4101 J 4000 4000 4001 ALSACE AVENUE 3501 3505 3509 3517 3521 3601 3605 3609 3513 3508 3512 3500 3304 3514 3600 3608 U -R 3520 3604 3501 3900 34091 3411 I 1 3901 I 3501 13505 LE301E LANE 4029 4025 VALMUR W AVENUE 3913 3601 3605 3613 3509 3609 b yj 3909 N � p 3905 3908 I 3901 2800 3921 Tarrant County Lot Area: 8212 Sq.Ft. N SCAM 1 as 20' LOT 2 Exhibit "B" - Site Plan LOT to _ imnL. MalmWe TX 1Lc L-10. 1-Bb000[.A 6.0 CAR GA75 X 'Fe -" GARAGL[ APRON ELEV. =M.g6 PAOELIM-569.60 X — -_ S X I a — S 2 Do= V6' 10.O 6.L [w'awae�w'mett LEJOIE LANE ARC TABLE 'At' 25.33' 1180.00' S00'43'04'E Existing iron fence on Lot 18 (adjacent to subject property) I 177 v ,'m w Approved wood fence local Requested Il J ( 1l 3� 99 r' Iron fence location 1 I� rn c la � p JH1 1- k ABBREVIATIONS: BOUNDARY CORNER IRF - IRON ROD FOUND NOTE This plat plan dos not represent an an the gmund survry. AM FIRE HYDRANT FFE - FINISHED FLOOR ELEVATION impmvemems shoum heron am (at Wasnatina ponaus ordy. Builder to WATER VALVE WC - WATER CONNECTION verify ALL inrnmueon and actual improvement locations on this plot WATER METER SC - SEWER CONNECTION plan before combustion. Refer to elry end/a, Query appmad IRRIGATIONCONTROLVALVE G - GAS CONNECTION subdivision onstmction toum ms Rr minimum dab elevation and drdwge requirements. Improvements and elmatiom shown hamon ere STORM DRAM W - DROP GARAGE WI DISTANCE bash on onmanction plans prmideJ by Builder. Drhre slopes are TRANSFORMER FG - FINISHEDGRADE calculated hpm garage eprontorightrof-waylina ELECTRICJUNCTIONSOX TW - TOP OF WALL ELECTRICAL METER BW - BOTTOM OF WALL EIATWORK 5= AREAS AIR CONDITIONER BL - SUIGDLINE Driveway: 565 Lot Area: 8212 GAS METER ME - UTILITY EASEMENT Citywalk: 725 House & Garage: 3644 s COMMUNICATIONPEDESTAL DE DRAINAGE EASEMENT Approach: 92 House & Driveway: 4209 a COMMUNICATION JUNCTION BOX CONC.. CONCRETE TOTAL: 1382 Total Impervious: 5026 t CLEAN OUT NG - NATURALGROUND Son SO.YDS SANITARYSEWERMANHOLE )xX.R - NG ELEVATION Front: 110 House & Garage: 44.37 SIGN )OX.XX- PAVING ELEVATION Left: 6 House & Driveway: 51.25 MALBOx LINETYPES: Back: 303 Impervious Coverage: 61.20 v O D FENCE WROUGHT ZEROLAULT ZERO LOT LINE !I ' IRON WROUGHT IRON FENCE H— FENCE LINE TOTAL: 447 Fence: 252.0