The URL can be used to link to this page

Home My WebLink AboutOrdinances (O-25-2326)-05/13/2025ORDINANCE 0-25-2326 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.61 ACRES, BEING LOT 16, BLOCK 7, OAK CREST HILLS ADDITION, LOCATED AT 405 OAK CREST HILLS DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A FENCE TO EXTEND INTO THE STREET SIDE YARD SETBACK AND BE 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 fence to extend into the street side yard setback and be located along the property line under Case ZC25-005; 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 fence to extend into the street side yard setback and be located along the property line on 0.61 acres, being Lot 16, Block 7, Oak Crest Ordinance 0-25-2326 Page 2 of 3 Hills Addition, located at 405 Oak Crest Hills Drive, 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: I.GENERAL a. The Special Use Permit shall allow an eight -foot wood fence located at the 10' setback ("build line" on plat) along the Bransford right-of-way beginning at the southeast corner of the residential structure running south to the property line. At no point shall the fence extend north of the primary residential structure south line nor closer than 10' from the eastern property line (as outlined in Exhibit "B". b. If the permit is not secured and the eight -foot wood fence constructed (as allowed in this section) by August 31, 2025, the SUP shall expire and the property owner shall comply with the setback regulations within Chapter 3 of the Land Development Code. If the SUP expires and a new fence is not constructed, applicant may seek reimbursement of the $3,937.92, as expended removing the previous fence in response to an erroneous fence permit issuance, said receipt attached as Exhibit "C". 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 ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or Ordinance 0-25-2326 Page 3 of 3 unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. FAIL" kf 1&71@X0J t7 7 U"D The first reading and public hearing being conducted on the 6th day of May 2025. The second reading and public hearing being conducted on the 13th day of May 2025. APPROVED BY A VOTE OF 5 AYES, 2 NAYS, ON THIS THE 13T" DAY OF MAY 2025. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tern Brandi Elder Aye Ben Graves, Place 4 Nay Deputy Mayor Pro Tern Scotty Richardson Nay Tim Raine, Place 6 Aye Kimberly Holt Gunderson, Place 5 Aye ATTEST:�� Christine Loven, TRMC City Secretary APPROVED AS TO FORM: JpaM4P Sarah Ross City Attorney i W�� ot : b .:- ooMayor Exhibit "A" - Location and Zoning Map 1 IV'} 111E gat i�tan ;tat Jai 300 Itt1 alma Nhµ�F:tCiN L.P! 541)4 Saab yaa 11ai taa Flt call mac all 104 tmtl fptIEYYILLE T€RR jV# Ma 4aa +j lF{ potfmft tlay ... �'"FI OAK CREST utlL DR ! (( Hatt omo .sari aatl I All I etn I � I IfILL3EDE R[) ,Ft YtA Aa>t ;:.. 1143 aaa Ili ime I"1 `.1M4 Ya?♦ 11ao 410 Qai , I jlf if i1= 4 MALY DR d11 2tm ]4a 301 tma Ito tI ... Ent 119% I 4n4 lit me jnfdI OAK VALLEY OR 1- xera I 004 i 51tu +ta tl t4 FIELD Sf 20 Jill Jul 305 l 1a9 5lt 9l$ ,101 Aa, 90 till r-- 9atl 3sJ aaa 3m4 loll 41). ,ant '� 5iln �.