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
~ ~ ~
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ynthia Singleton, TRMC, C David Kelly ~
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
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~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
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12 ~00 404 408 ~4~~ .°
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m
uy
Timberline Drive North
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13 401 405 407
P
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Exhibit ~~B" - Screening Fence