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HomeMy WebLinkAboutOrdinances (O-23-2263)-10/17/2023ORDINANCE 0-23-2263 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.42 ACRES, ON LOT 5, BLOCK 5, WOODBRIAR ESTATES ADDITION BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A FENCE TO BE LOCATED WITHIN 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 for a fence to be located within the street side yard setback under Case No. ZC23-021; 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 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 be located within the street side yard setback on 0.42 acres, on Lot 5, Block 5, Woodbriar Estates Addition, as depicted on the attached as Exhibit "A". Ordinance 0-23-2263 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 wood fence a minimum of 7 feet in height and up to 8-feet in height with a motorized iron gate to extend into the street side yard setback. 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 0-23-2263 Page 3 of 3 The first reading and public hearing being conducted on the 4th day of October 2023. The second reading and public hearing being conducted on the 17th day of October 2023. APPROVED BY A VOTE OF 6 AYES, 1 NAYS, ON THIS THE 17TH DAY OF OCTOBER 2023. Mayor Bobby Lindamood Aye 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 Nay ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney TY OF COLLIEYVILLE <" I d' . j Bo Lindamood Mayor Exhibit "A" - Location and Zoning Map 3913 — - 283910218 3921210 q01 405 3916 313 309 3924123 127 3912215 2193917 408 412 404 400 X3901 Q 4020124 312 Y28 134 204 20fl_3801 200 313 021I23 309 3805 412 127 133 3809 207408 125 203 112 116 200 204 208 212 300 304 3720 1 3100 1 y 3721 _..._ GR �3]36 NBRiAR 3721 3716 3717 3717 3716 3717 3716 7 i 3717 3713 3712 3713 3]12 3713 3712 3712 i 3713 37I 3712 � 3709 3708 3709 3708 3709 3708 3706 3709 3708 3704 3705 3704 3705 3704 3705 3704 3705 3700 3701 3700 3701 3700 3701 3700 3701 3704 3700 3617 3616 301 305 201 205 209 213 309 313 401 405 3612 3613 3612 _ 0 3609 3609 R-20 205 3608 208 R'4 300 909 408 432 qib 112 212 400 3605 108 AG 114 3604 1 Exhibit `B'- Site Plan �}k ! � ~��Is - |!\ !)!| }f %� ! ) ) 3716 Briarhaven Lane Proposed Cedar Fence 3716 Briarhaven Lane Setback Afeasurenents I 4yf A �♦ '� 1r l':/ i rf i IV i g e,F`t u ( ANY