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HomeMy WebLinkAboutOrdinances (O-98-1095)-04/07/1998 ORDINANCE 0-98-1095 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE PUD-R ZONING CHANGE ORDINANCE FOR OAKBROOK HILLS, ORDINANCE 0-93-927 FOR THE PURPOSE OF CHANGING PARAGRAPH "H" OF THE SPECIAL CONDITIONS RELATING TO SCREENING REQUIRED ALONG WESTCOA T DRIVE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for amending Paragraph "H" of 0-93-927 was filed by David Bagwell on February 13, 1998 under Case No. Z-98-010; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to amend 0-93-927, Section 1, Paragraph H, and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. That Ordinance 0-93-927, Section 1, Paragraph H be amended to read as follows: "H. Wood fencing no greater than 7 (seven) feet in height shall be permitted along or near the eastern edge of the Westcoat open space beginning at a point perpendicular to the front building lines of adjacent lots and extending to the rear of said lots. Ordinance 0-98-1095 Page 2 of 5 Said fencing shall be constructed in conjunction with the low stone and brick entry walls to appear generally as shown in Exhibits A and 8, attached. The fencing shall be solid extending to a height of approximately five feet above grade with capped lattice work approximately 2 feet above the solid portion of the fencing. The fence material shall be cedar except for fence posts which shall be aluminum or steel, set 24 (twenty four) inches in concrete and hidden from view on all sides by means of cedar boards framed around the metal posts in order to create the appearance of solid wood posts. The use of stone or brick columns for said fence shall be permitted subject to location approval by City Staff for the purpose of tree preservation. The developer shall plant Camellias offset in two parallel rows designed to substantially screen said fence from Westcoat Road within a four year period following adoption of this Ordinance. The Oakbrook Hills Property Owners Association shall be responsible for the perpetual maintenance of the Camellia hedge, cedar fence and any other perimeter screening installed by the developer or the Property Owners Association. If Camellias do not prove viable or are otherwise unsatisfactory to the Property Owners Association for screening, then Cherry Laurel or other evergreen hedge material approved by City Staff in writing may be planted to fully replace the Camellia planting." Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. ~rt4 reading and public hearing being conducted on the ,1998. Tt).e second reading and public hearing being conducted on the ..i1?~JL ,1998. DENIED BY CITY COUNCIL ON 4/7/98 4/1/0. _) '7~ 1~ day of day of BY A VOTE OF Ordinance 0-98-1095 Page 3 of 5 ATTEST: CITY OF COLLEYVILLE Jean Harris, CMC City Secretary Richard Newton Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney 5E~ . ;:) i . ~hl ~ ilUZlj] E '=eo ; CI) .- : w : 0 A ~ lJ- Q 8 s= ~ I ~ I ~ I I ~ I i I I I I t' I l i I I I I I I I I I ' Fi 0-98-1095 t:l Exhibit A l \ \ \ ~,.J\ /__-----l \ \ . . . . . . . . . . . . . . . . . . . . . . . . . . o %.- . ~.~I ~ . ~. .. C&-~ r:- · · ?r fa. ...... - ~ ~ ~-$ .. i~ · ,~ -, . , . . .,. . I i ! , (,j.) I I ;518 ....~ ~1I =e~P] c i= 0' ~: .1 u.S ~ .,. _. -- : ~,~ ~ f!9 w~ rl 0-98-1095 Exhibit B