The URL can be used to link to this page

Home My WebLink AboutOrdinances (Ordinance O-20-2131)-08/18/2020ORDINANCE 0-20-2131 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.1877 ACRES, BEING LOT 3 BLOCK 7, OF THE CREEKSIDE AT COLLEYVILLE, LOCATED AT 3509 VALMUR AVENUE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A 6 FOOT WROUGHT IRON FENCE ON A RETAINING WALL 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 6 foot fence on a retaining wall to encroach into the street side yard setback for a corner lot under Case No. ZC20-016; 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 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 6 foot wrought iron fence on a retaining wall to encroach into the street side yard setback for a corner lot on 0.1877 acres, being Lot 3 Block 7, of the Creekside at Colleyville, located at 3509 Valmur Avenue, as depicted on the attached as Exhibit "A". Ordinance 0-20-2131 Page 2 of 3 Sec. 2. THAT the following additional conditions shall apply to the above described tract of land: 1.GENERAL a. This Special Use Permit shall be limited to only that portion of 6 foot tall wrought iron fence to be connected to and installed in line with the existing wood fence running along the rear of the property, extending the fenced area to the existing retaining wall, then running along the retaining wall (utilizing existing fence post holes) and turning back to the rear of the residential structure, as depicted by the solid red line in Exhibit B; permitting the wrought iron fence to encroach into the street side yard setback for a corner lot. b. The material and color to be used for the wrought iron fence shall be consistent with the existing wrought iron fencing located upon the lots near and surrounding the above described tract of land. c. The fence location shall be approximately 10 feet from the street side property line, consistent with and as depicted on the site plan attached as Exhibit "B". d. All requirements of the Land Development Code, as may have been previously amended, shall be met, except where expressly amended herein. 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 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 Ordinance 0-20-2131 Page 3 of 3 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 4th day of August 2020. The second reading and public hearing being conducted on the 18th day of August 2020. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 18TH DAY OF AUGUST 2020. Mayor Richard Newton Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Ave Place 4, George Dodson Ave ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Mayor Pro Tern Bobby Lindamood Ave Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye OF COLLEYVILLE Richard Newton Mayor Exhibit "A" - Location and Zoning Map 4012 4008 7"4007 4004 4005 O 400D Q J 3920 4003 7 C f0 N 7 4001 39 t6 0. RD 3912 3909 3908 3907 3904 3905 390D 3903 3501 3505 3509 3513 3517 3521 3601 3605 3509 3500 3504 3509 3512 3516 3520 360D 3604 3608 LE]OIE LANE 3501 3505 3509 3513 3517 3521 3601 3605 3609 3500 3504 3508 3512 3516 3520 3600 3604 3608 4013 4009 s 4005 Q 4001 Qt U 3909 3905 VALMUR AVENUE P WQ 3913 3613 3501 3505 3509 J 3601 3605 3609 V N 3909 lr � G1 3905 < 3500 3504 3508 g _ 3901 XQy�,�JI CHEVAL BLANC DRIVE 2soo 3901 h 3501 /35 05 13509 13513 13517 3531 3908 CHEEK SPARGER ROAD Exhibit RRB" - Site Plan t 6 L C a � LEGEND' FFE FINISHED FLOOR ELEVATION WC WATER CONNECTION SC SEWER CONNECTION G OASCONNECTION 11 MOLOTLINE OG DROPDARAGEW/DISTPNCE FG FINISHEOGPA06 TW - TOP OF WUL SW SOTTOMOFWALL EL BUBO UM1E UE UTILSYEASEMENT DE DRAINAGE EASEMENT -H- FENCE LINE MtlnVw T%LLa _ _ R�ISdOY I.11GCD6 SaCMGA(UGE F.F. •00 DNL10E APRONN SUN. •681Sa PAp ELFv.•500.te E 011 D.IswxTLnuL —Ioe Puoe I'W 62.3 VALMURAVENUE �1.*u�ii *The extension shall only be constructed of wrought iron with a maximum height of six fee (6') Tw 591.80 SW US 4C FG 559.50 LOT 2 V Q NOTE: LOT GRADING IS PER THE ENGINEERED PLANS BY J. VOLK CONSULTING DATED II202015. AREAS Lot Area: 8176 0. House h Garage: 3715 s.f. House k Driveway: 4426 s.f. SOD SO.YOS. Total Impervious: 5151 S.f. FI ATWORK SO FT Front: 118 House @ Garage: 45.44 % Driveway: 711 Left: 19 House & Driveway: 54.13 % Citywalk: 725 Bock: 277 Impervious Coverage: 53.00 % ApOsp rp teach: 7373 Right 6 TOTAL: 1509 TOTAL: 420 Fence: 248.0 I.f.