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Home My WebLink AboutOrdinances (O-23-2252)-09/19/2023ORDINANCE 0-23-2252 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.87 ACRES, BEING LOT 1, BLOCK A, OF THE SHANKLIN FARM ADDITION, LOCATED AT 4820 BILL SIMMONS ROAD BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW A FENCE TO ENCROACH BEYOND THE STREET SIDE 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 to allow a fence to encroach beyond the street side yard setback under Case No. ZC23-016; 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 to allow a fence to encroach beyond the street side yard setback on 0.87 acres, being Lot 1, Block A, of the Shanklin Farm Addition, located at 4820 Bill Simmons Road, as depicted on the attached as Exhibit "A". Ordinance 0-23-2252 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 an iron fence with brick or stone columns, 6-feet in height, to extend into the street side yard setback located on the north side of the property. 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. Ordinance 0-23-2252 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of September 2023. The second reading and public hearing being conducted on the 19th day of September 2023. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 19TH DAY OF SEPTEMBER 2023. Mayor Bobby Lindamood Absent Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: Christine Loven, TRMC City Secretary 7APPROVED AS T FORM: Whitt L. Wyatt City Attorney CITY OF COLLEYVILLE f?14 Callie Rigney Mayor Pro Tern Exhibit "A" - Location and Zoning Map 5106 5105 5106 ul 1808 1812 5105 2208 2300 2302 5109 5102 _L ALON DR 5101 5101 NORWALKD sloz 1809 1813 5013 � - 2209 2301 2303 5016 5100 1812 AG 180e R-2D 5oo9 sov 5008 5007 ARTNUR DR ��` P 5005 5008 2200 -1006 5005 2309 1809 1813 O RE.,, soot u1z zxos AG z3oo leoa lalz cool 1016 logo - - --._. 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