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HomeMy WebLinkAboutOrdinances (O-21-2174)-Withdrawn-11/01/2021WITHDRAWN BY APPLICANT – OCTOBER 21, 2021 ORDINANCE O-21-2174 AMENDING ORDINANCE O-15-1964 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE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 Council approved Ordinance O-15-1964 on September 15, 2015, to grant a rezoning request from the AG Agricultural district to the PUD-R Planned Unit Development – Residential district on 2.60 acres located at 5101 – 5145 Roberts Road, under Case ZC15-011; and WHEREAS, the applicant has requested an amendment to Ordinance O- 15-1964 to amend Section 2.e. to allow for glass as an acceptable building material for garage doors; 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 changing the zoning on 5101-5145 Roberts Road, Planned Unit Development- Residential Zoning District, as depicted in the attached Exhibit “B”. Ordinance O-21-2174 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: 1.General a. The following amendments to Ordinance O-15-1964 are hereby authorized: i. Section 2.e. of Ordinance O-15-1964 is hereby amended to ‘Homes shall feature all glass garage doors. Glass type shall be frosted.’ 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. 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 October 2021. Ordinance O-21-2174 Page 3 of 3 The second reading and public hearing being conducted on the 19th day of October 2021. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 19TH DAY OF OCTOBER 2021. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Building Elevations