HomeMy WebLinkAboutOrdinances (Ordinance O-20-2141)-10/10/2020ORDINANCE 0-20-2141
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.1867 ACRES, ON LOT 4, BLOCK 7, CREEKSIDE AT
COLLEYVILLE, LOCATED AT 3508 CHEVAL BLANC DRIVE BY
AUTHORIZING A SPECIAL USE PERMIT FOR UP TO A 6 FOOT WROUGHT
IRON 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 up to a 6 foot wrought iron fence above an
existing retaining wall to encroach into the street side yard
setback for a corner lot under Case No. ZC20-020; 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 up to a 6 foot wrought iron
fence above an existing retaining wall to encroach into the side yard
property line for a corner lot on 0.1867 acres, being Lot 4 Block 7,
Ordinance 0-20-2141
Page 2 of 3
of the Creekside at Colleyville, located at 3508 Cheval Blanc Drive,
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:
1.GENERAL
a. The Special Use Permit shall apply for up to a 6 foot open
wrought iron fence above an existing retaining wall within the
existing sleeve pattern of the retaining wall 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 tied into (connected to) the back
corner of the home with 2 foot tolerance to utilize existing
fence post sleeve but by no means beyond 17' from the rear
lot line. It 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 street side
yard setback unless such fence is of an open wrought iron
material for the property at 3508 Cheval Blanc Drive.
d. The fence shall be of similar color, design and material as the
fence located at 3501 LeJoie Lane.
e. 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.
Ordinance 0-20-2141
Page 3 of 3
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 6th day of October
2020.
The second reading and public hearing being conducted on the 20th day of
October 2020.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20r"
DAY OF OCTOBER 2020.
Mayor Richard Newton Ave
Place 1, Tammy Nakamura Ave
Place 3, Kathy Wheat Ave
Place 4, George Dodson Ave
ATTEST:
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Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
/ l/
Whitt Wyatt
City Attorney
Mayor Pro Tem Bobby Lindamood Ave
Place 5, Chuck Kelley Ave
Place 6, Callie Rigney Ave
TY OF COLLEYVILLE
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Richard Newton
Mayor
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