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Home My WebLink AboutOrdinances (Ordinance O-20-2140)-10/20/2020ORDINANCE 0-20-2140 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.1877 ACRES, ON LOT 4, BLOCK 6, CREEKSIDE AT COLLEYVILLE, LOCATED AT 4000 CAMPANIA COURT, 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, the 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. ZC20-018; 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 Ordinance 0-20-2140 Page 2 of 3 property line for a corner lot on 0.1877 acres, being Lot 3 Block 7, of the Creekside at Colleyville, located at 4000 Campania Court, 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 shall be setback no 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 street side yard setback unless such fence is of an open wrought iron material for the property at 4000 Capanina Court. 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 0-20-2140 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 20T" DAY OF OCTOBER 2020. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Ave Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Ave Place 3, Kathy Wheat Ave Place 6, Callie Rigney Ave Place 4, George Dodson Aye ATTEST: , CI 1 �� R.� �v'_e'�� / Christine Loven, TRMC City Secretary APPROVED AS TO FORM: / l/ Whitt Wyatt City Attorney CITY OF COLLEYVILLE (� I I7`""v Richard Newton Mayor Exhibit ��A" - Location and Zoning Map Exhibit ��B" - Site Plan L,l�..___� .ot cr_eqlea Iro�n �o��'gx�ig.p��.ens; � �RtJr\u/ F�E.�cE/Wn-�il Secontl nmeatlec P�mt Detea (June 2, 2077) G.oa,ng P an Oalec (07/20/2015) "^� .5� �Ro�7 � Approved fe�ce location 568.2 f bbI.IC gg gry� S Od46'S%" E 560.58 � F_ m '____.__ b�v N ' � �� T" _'_' I 0' k3. L_ a N in X 559.8 �__- � I � o, 5-3 �r-., � I 5'-�0" f I I w : I49'�-11" z __ ____ ___ __— � �n � a �.� 5041.CR o 4,� _ (].19.t9) ¢ 7p � � a m� m FF 560.9 > Im � ^ m o lnl n FP 560.2 �f�� n S�Dc Vhz � ., �I n i:ri II f}-n.D SIGNI�-ICh� 5�9 :'['(�� frt�s}�p. fiouSE SrrS ��: " 3�ww ��; m � RE-rm N�•� � 4Jh4. f f y ( DtiG "j'a 'SR�PeYy CwecFuS� Wor�o Li KE f �('o —Id++Thu. F'e+.� ..Rta.yr Erm4c_ c � Sod & Flatwork Calculations s�vro�v�v ccu> J�fNole 7 1� 3 COI min��Totoi_Sod _ 455 �� 50 YDS._ �F „ �Bu((er Trees @reor I DescrpCon SQ Fr I CU YDS. ` . I�1 A col min �fronL -� { - � s I a.�� L_:_ -.-- �, Drve�Leod Wo2... 5?358 I 646 I ..- — ' '.<_ ..__ ___ __. � e �" A�P�OCCh . IS) 3S 2<3 r o� — — — C ly Wa k .. I 6]2 33 l b}p . � — °°.eei� 101O� FIOIwOfk 139� P� � IZ20 i- 5 .. _ ..1 � � . .._.. _. _ �� --- I I J�eld venl./ dimene r �a R g.adi g n iar fa J ` s(arlin�j c ! ( m LOT SUMMARY jo°' "°' c' NF2n� N� [s 101 __037 oA �v a c,�w w�. �c n o on er o s a a� no,. v i �T n�o: lOT AREA g��s ��subtliv.r, � SIAB AREA 3575 lol COVERAGE 43 7}q 4 u r GD 0" I I � � '— _. . . __. _ _ _ . I20' B.i...�.. __... I I . .. . L IS._O, ''� __ .. .__ f 5599T�0 P.uD�� -- 5'-0" m 557.3 N e � to�'� �nY coll SCALE: aata 1" = 20' � � blk s Campania Court iille, TX i �r TRADITION N O M E 5