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Home My WebLink AboutOrdinances (Ordinance O-20-2143)-10/20/2020ORDINANCE 0-20-2143 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 18, BLOCK 9, CREEKSIDE AT COLLEYVILLE, LOCATED AT 3500 LEJOIE LANE BY AUTHORIZING A SPECIAL USE PERMIT FOR A 5 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, ,tlie City of Colleyville has received an application for a Special Use Permit for a 5 foot wrought iron fence above an existing retaining wall to encroach into the street side yard setback for a corner lot under Case No. ZC20-021; 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 wrought iron fence above an existing retaining wall to encroach into the side yard property line for a cornerlot on 0.1867 acres, being Lot 18 Ordinance 0-20-2143 Page 2 of 3 Block 9, of the Creekside at Colleyville, located at 3500 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 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 a 5 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. 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 3500 LeJoie Lane. A fence across the rear lot side yard setback is required as a condition of any fence permit issued under this special use permit. 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 ofTwo Thousand Dollars ($2,000.00) for each offense. Ordinance 0-20-2143 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 Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Ave Place 5, Chuck Kelley Aye Place 3, Kathy Wheat Ave Place 6, Callie Rigney Ave Place 4, George Dodson Ave ATTEST: l� / v ,,.."�7�tQi �'-� Christine Loven, TRMC City Secretary APPROVED AS TO FORM: / l/ Whitt Wyatt City Attorney Y OF COLLEYVILLE !� Richard Newton Mayor Exhibit "A" - Location and Zoning Map Exhibit ��B" - Site Plan Seco ,c A£�eMEd �P ct ��c9ec �'cqs; P (J�ne 2. 20! /) f,�otling P'�.on Dclea (07/20/2015) � 1� u r-r—sa� v� M �N. � " �e�,� a F y sd s �s �F � � . .__. — _— ______. I ° 01 PNV l.tL.NJ _,...� ` 9D r MS< f��. � a,�..e , �—� �e:.�,.�.., � � ;-.::; «;_ :, L �i� __� � LOT SUMMARY iob. �o. 101. LOT APEA gp�p sobEfv. SIAB AREA NNNM io� Creek COVERAGE Nw�J�Jp% � 8 aEtlrass 3501 FENCE NNN� <��Y COIIE SCALE: �a-ata 1" = 20' I o/� �� f ��rtc.y'ir�� ` $, TRo�v � Approved fence location _ to' H,� I I � � I � � � � � I � � � I lo I ] ,I I> IV �m � 0 �I I� � � f I In I� I I �� II � � � I � _ zo B-� _ � IS J SWiNG B.l � � 10 P.0 D.F I �_—.— �LJ 62.78 N 89e73'3 i NND': . .N �3' N�.U: blk 9 I... JRD....[� �� e Lane �[� rx TRADITION mastar olan N o n¢ s