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Home My WebLink AboutOrdinances (Ordinance O-21-2161)-05/18/2021ORDINANCE 0-21-2161 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.4007 ACRES, ON LOT 14, BLOCK 1, KINGSTON ADDITION, LOCATED AT 6516 KINGSTON DRIVE BY AUTHORIZING A SPECIAL USE PERMIT FOR A FENCE TO ENCROACH INTO THE 30-FOOT 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 six-foot wood (or six-foot wrought iron) fence to encroach into the street side yard setback for a corner lot under Case No. ZC21-007; 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 fence to encroach into the street side yard property line for a corner lot on 0.4007 acres, being Lot 14 Block 1, Kingston Addition, located at 6516 Kingston Drive, as depicted on the attached as Exhibit "A". Ordinance 0-21-2161 Page 2 of 3 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 to a six-foot wood fence to encroach into the street side yard setback for a corner lot and be allowed in line with the corner of the house being approximately a 22-foot setback from the street side property line. b. It shall be generally consistent with the site plan and as depicted on the attached Exhibit "B". c. 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. 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. Ordinance 0-21-2161 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 May 2021. The second reading and public hearing being conducted on the 18th day of May 2021. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 18th DAY OF MAY 2021. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: Aw� � Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney ITT OF COLLEYVILLE Richard Newton Mayor Exhibit "A" - Location and Zoning Map Exhibit "B" - Site Plan b)M Ar...4 .IWiew Bd.91e\ M .Bbcky.d xme l dmwl6eOWd WiA\T Cw°y,Tve>aaorllgbl6a Mal— Mal t6m1al•d]t. qmR 3Y.Yl. PACf iI o116e Tipp WDn\RttorJ. °t ihiNAHI C,mn\y, l'vu Lot No. 12 8 Lot No. 13 1 s/°' cm N 00°I8'12"W 100.00.0d 5_utIIIIYEas°m°nt___ __________ AY 7 v Lot No. 15 °1'y 1Sr Lot Na. 14 I & Block I I m w' £ to G Ig i 0 ei ' eAz C �u.a ao ni od cp I No. st.6 C Sto „ I w C ry 3 Brack& Aaidepce oI '^ I p WBu1tlFg LFe llr S00°18'12"B 100.00' KINGSTON DRIVE (8B' R.O.R.) W'. t f Lot No. 13 tiPLO k Block 2 • J.SCOTT COLS ..Y.....5411 .... SURN a d\cv.Ry and. 4ais,...y.wwtme..e..<w.sr:wd.l:.lu. 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