HomeMy WebLinkAboutOrdinances (O-23-2268)-10/17/2023ORDINANCE 0-23-2268
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.69 ACRES,
ON BBB & C RY SURVEY ABSTRACT 211 TRACT 3K & TR 3Y BY
AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A SOLID,
NON -OPAQUE FENCE WITHIN THE STREET SIDE YARD SETBACK AND
LOCATED ALONG THE PROPERTY LINE; 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 solid, opaque fence within the street
side yard setback an located along the property line under
Case No. ZC23-027; 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 for a solid, opaque
fence within the street side yard setback an located along the
property line on 1.69 acres, on 131313 & C RY Survey Abstract
Ordinance 0-23-2268
Page 2 of 3
211 Tract 3K & TR 3Y, as depicted on the attached as Exhibit
..A„
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 fence, 6
feet in height within the street side yard setback and be
located along the side 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.
Ordinance 0-23-2268
Page 3 of 3
AND IT IS SO ORDERED.
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 5 AYES, 1 NAYS, 1 ABSTAIN, ON THIS THE 17TH
DAY OF OCTOBER 2023.
Mayor Bobby Lindamood Abstain Mayor Pro Tern 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;
0— 6�-J�MAt�-
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
ITY OF COLLEYVILLE
0
o by Lindamood
Mayor
Exhibit "A" - Location and Zoning Map
R-40
R-20
Exhibit "B" - Site Plan
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