HomeMy WebLinkAboutOrdinance No. 2016-2195CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2016-2 1 C1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT 22 OR
AUSTIN RANCH PLANNED DEVELOPMENT ORDINANCE,
ORDINANCE NO. 08-1772, BY AMENDING EXHIBIT B, "PERMITTED
LAND USES BY CATEGORY" BY ADDING CERTAIN LAND USES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before
the 15d' day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(d) of the Code of Ordinances of the City of The
Colony, Texas, provides the following, "A public hearing shall be held by city council before
adopting any proposed amendment, supplement or change. Notice of such hearing shall be given
per the publication policy of the city, stating the time and place of such hearing, and shall be
published a minimum of 15 days prior to the date of the public hearing;" and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded a full and fair hearing to all property owners generally and to
all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and
finds that said changes should be granted, and that the Code of Ordinances should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That Exhibit B, of Planned Development 22 or Austin Ranch Planned
Development, Ordinance No. 08-1772, is hereby amended by adding certain land uses, which
shall read as follows:
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 2nd day of February, 2016.
ATTES :
C she Wilson, City Secretary
7FAS TO "RM:
Jeff Moore, ity Attorney
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EXHIBIT"B"
PERMITTED LAND USES BY CATEGORY
P = PERMITTED, N= NOT PERMITTED
Item
Type of Use mulficarnfly Business Park
Mixed -Use
89
Health Studio
N
P
P
94
Photography Studio
N
N
P
130
Recreation Club or Am, Private N
N
P
65
Studio Art or Dance
N
P
P
Dog Park
N
P
P
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 2nd day of February, 2016.
ATTES :
C she Wilson, City Secretary
7FAS TO "RM:
Jeff Moore, ity Attorney
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