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Home My WebLink AboutOrdinances (Ordinance O-20-2124)-07/21/2020ORDINANCE 0-20-2124 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.3851 ACRES, ON LOTS 9 & 10, BLOCK 8, CREEKSIDE AT COLLEYVILLE, LOCATED AT 3609 LEJOIE LANE AND 3608 VALMUR AVENUE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN 8 FOOT PRE -SEALED CEDAR FENCE ABOVE AN EXISTING RETAINING WALL TO ENCROACH INTO THE STREET SIDE YARD SETBACK LINE 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 an 8 foot pre -sealed cedar fence above an existing retaining wall to encroach into the street side yard setback for a corner lot on 0.3851 acres, being Lots 9 & 10 Block 8, of the Creekside at Colleyville, located at 3609 LeJoie Lane and 3608 Valmur Avenue ("Subject Property"), under Case No. ZC20-011; 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 0-20-2124 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 an 8 foot pre -sealed cedar fence above an existing retaining wall to encroach into the side yard property line for a corner lot on 0.3851 acres, being Lots 9 & 10 Block 8, of the Creekside at Colleyville, located at 3609 LeJoie Lane and 3608 Valmur Avenue, 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 amended herein. Sec. 3. THAT the above described tract of land shall be subject to the following conditions: I.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 is erected on top of the existing retaining wall and within the existing sleeve pattern of the wall. b. The fence location shall be approximately 10 feet from the street side property line and shall be setback not less than 10 feet back from the front of the home. Subject to the specific requirements contained in this SUP, the location of the fence shall be generally consistent with the site plan and as depicted on the attached Exhibit "B". c. No fence shall extend across the rear lot into the side yard setback the Subject Property unless the portion of the fence extending into the side yard setback is of a open wrought iron material and design. Both lots shall have matching fence material, color, and design regardless of when the fence is erected. Ordinance 0-20-2124 Page 3 of 4 d. 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 7t" day of July 2020. The second reading and public hearing being conducted on the 215t day of July 2020. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21st DAY OF JULY 2020. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood 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 0-20-2124 Page 4 of 4 ATTEST Christine Loven, TRMC City Secretary APPROVED AS TO FORM: itt Wyatt City Attorney /CI OF COLLEYVILLE Richard Newton Mayor Exhibit "A" - Location and Zoning Map 4021 3501 3505 3509 3913 3517 3521 3601 3605 3609 4017 4013 3500 3904 3508 3512 3916 3520 3600 3604 3608 4009 O 4u4 � Y 4005 LEIOIE LANE a E Z t VALMURAVENUE 39133501 3m 3505 3509 3601 Qj N 3909m pF 39Ds3500 3504 3508 g3901 2800 CNEVAL BLA NC DRIVE35213505 3509 3513 35173908 — — --- — — j._. J CHEEK SPARGER ROAD 350Y 3505 3509 3513 3517 35213601 3fi05 350D 3504 35083512 3516 3520 PUD 36003604 R Exhibit "Brr - Site Plan lM..fLl91A9_I�_f99pIliP9 elo^s: _— Sacond Amended Plel Doled (Juno 2, 2017) Grod'nq Plen Doled (07/20/2015) 1.Cn+Iie1 582,9T 580.4T 577,7E 77.J (7Z8:5Tt '-IF 73.37' a3'3 w $7b:36r I I,1 •.� ,MII +oin 1\ (rm Gl