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HomeMy WebLinkAboutOrdinances (O-23-2265)-11/08/2023ORDINANCE 0-23-2265 AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.46 ACRES, BEING LOT 4, BLOCK C, LEGACY NORTH ADDITION BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A FENCE TO ENCROACH INTO 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 beyond the front facade of the primary dwelling under Case No. ZC23-023; 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 street side yard setback on 0.46 acres, being Lot 4, Block C, Legacy North Addition, as depicted on the attached as Exhibit "A". Ordinance 0-23-2265 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 existing iron fence 6 feet in height and a portion of a wood fence that transitions from 6 feet to 8 feet in height to encroach 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 0-23-2265 Page 3 of 3 The first reading and public hearing being conducted on the 41h 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 8T" DAY OF NOVEMBER 2023. Mayor Bobby Lindamood Aye 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: � X2 Christine Loven, TRM City Secretary APPROVED AS TO FORM: 41- Whitt Wyatt City Attorney Ty OF COLL YVILLE 1 Bobby Li ood Mayor Exhibit "A" - Location and Zoning Map Exhibit "B" - Site Plan a- 6' ..�►— Wood N W�E 5 103 MARIE [DRIVE Distinctive Dwellings Derrell in the possibilities I.817481124 and check ail aspects of this site and IGSE�WfflPT1 624H L9f _ _ I04h PLOT PLAN 1'-30' LOT 4 BLK C LEGACY NORTH COLLEYVILLE, TEXAS KENSINGTON CA. --II MILLER RE6IDENCE 9J REv II-16-71 to any construction JOB s 707143