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HomeMy WebLinkAboutOrdinances (O-22-2195)-06/07/2022ORDINANCE 0-22-2195 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.89 ACRES, ON LOT 1, BLOCK 1, BROWN ADDITION, LOCATED AT 5412 PLEASANT RUN ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR A FENCE TO ENCROACH INTO THE REQUIRED FRONT YARD SETBACK; 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 wooden rail fence up to 52 inches in height fence to encroach into the front yard setback for a 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 a fence to encroach into the front yard setback for a lot on 0.89 acres, being Lot 1, Block 1, Brown Addition, located at 5412 Pleasant Run Road, as depicted on the attached as Exhibit "A". Ordinance 0-22-2195 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 Special Use Permit shall apply to a wooden rail fence up to 52 inches in height to encroach into the front yard setback being approximately a six foot setback from the front 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. 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. Ordinance 0-22-2195 Page 3 of 3 The first reading and public hearing being conducted on the 5th day of April 2022. The second reading and public hearing being conducted on the 7th day of June 2022. PASSED AND APPROVED BY A VOTE OF 6 AYES, 0 NAYS ON THIS THE 7T" DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tern Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Abs i Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whit yatt City Attorney ITY OF COLLEYVILLE Bobby Lin cod Mayor Exhibit "A" - Location and Zoning Map 612 08 616 702 704 708 800 804 808 812 70 Exhibit "B" - Site Plan ---------------- I I ' %a i Gv„ � t H re tti (I�Ilj�ii (� O+^'1 A Tit k- :r I t! 3n , I Lti a C�q n �t --�i I y� p � j luv 1 I1 e S3, zs K'r It 5 Untitled Map W me a des,,,, tton (or yo, map_ Legend � 5412 Pleasant Run Rd 4� +7 ` [T oaf Y - • Y _