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HomeMy WebLinkAboutOrdinances (O-12-1855)-09/18/2012ORDINANCE 0-12-1855 AN ORDINANCE AMENDING ORDINANCE O-i1-1814 RELATED TO LOT 1A, BLOCK 1, OF THE HIGHLAND ACRES ADDITION CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR IN]UNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-11-1814 on December 6, 2011, to establish the zoning of 0.8 acres in the Highland Acres Addition under case ZC11-020; and WHEREAS, the applicant has requested an amendment to Ordinance 0-11- 1814 to further amend the commercial zoning district requirements on approximately 0.8 acres in the Highland Acres Addition under Case ZC12-021; 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 enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the 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 Ordinance 0-12-1855 Page 2 of 4 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance 0-11-1814. Sec.3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition, as depicted in the attached Exhibit "A". Sec.4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. FENCING a. The existing cedar fence with metal support poles located along the western property line may be utilized as the required screening fence along the western property line provided the fence, at a minimum, meets the screening fence requirements in the Land Development Code. The fence shall be maintained in the condition depicted in Exhibit "B". Prior to the issuance of the Certificate of Ordinance 0-12-1855 Page 3 of 4 Occupancy, the fence shall have a finished cedar face such that the support poles are not visibie from either side of the fence. Should any fence be built between the front of the main structure and the western property line, said fence shall match the required screening fence materials with a masonry column, composed of the same masonry material utilized for the exterior wall of the primary building, to be built as the corner post at the front building line where it intersects the western property line. The fence shall remain in good condition at all times and meet the requirements of this ordinance. Maintenance of said fence, including the materials described above, shall be the responsibility of the subject property owner. Sec. 6. 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.7. 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. 8. 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. 9. 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. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-12-1855 Page4of4 Sec. 11. THAT Ordinance 0-11-1814 shall remain in fuil force and effect, except where amended by this ordinance. ' AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of September 2012. The second reading and public hearing being conducted on the 18t" day of September 2012. PASSED AND APPROV D by the City C uncil f the City of Colleyville, Texas, on this the day of 2012. ATTE . CITY OF COLLEYVILLE ~ ~ ~ ~~~z~~~ c~~ ynthia Singleton, TRMC, C David Kelly ~ City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: ~ t C~ ~ ~-- ~N1att ew C. G. Boyle City Attorney Exhibit '~A" -Location and Zoning Map 16 3Q0 30 308 312 316 400 404 . 501 5f35 509 513 R-10 500 504 508 512 ~ 17 301 305 309 0 "' 501 503 505 509 511 513 Site -~fl 12 ~00 404 408 ~4~~ .° ~~"~ a ' c~ ~ m uy Timberline Drive North i ~'T.~~ .~G ~~~ 13 401 405 407 P ~2 aao 4oa ~ Exhibit ~~B" - Screening Fence