HomeMy WebLinkAboutOrdinance No. 2016-2196CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2016- 2kq (p
GATEWAY OVERLAY DISTRICT AMENDMENT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, APPENDIX A, SECTION 10A, ENTITLED "GATEWAY
OVERLAY DISTRICT REGULATIONS," BY AMENDING SECTION
10A-300, ENTITLED "DISTRICT BOUNDARIES," BY ADDING
RETAIL/COMMERCIAL/OFFICE AREAS AT SOUTH COLONY
BOULEVARD AND PAIGE BOULEVARD AND THE SOUTHWEST
CORNER OF KISOR DRIVE AND PAIGE BOULEVARD INTO THE
GATEWAY OVERLAY DISTRICT, AMEDNING SECTION 10A -300 -
EXHIBIT 1, THE GATEWAY OVERLAY DISTRICT MAP; 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 15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of
The Colony, Texas, provides the following, "A public hearing shall be held by the governing
body before adopting any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation in the City of The Colony
stating the time and place of such hearing which time shall not be earlier than fifteen (15) days
from the date of publication;" 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. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Appendix A, Section 10A, of the Comprehensive Zoning Ordinance
of the City of The Colony, Texas, entitled "Gateway Overlay District Regulations," is hereby
amended by amending Section 10A-300, entitled "District Boundaries," which shall read as
follows:
"SOA -300 The Gateway Overlay District is defined as the area along the north side of S.H. 121
from the western city limit to the eastern city limit and along Main Street (F.M. 423) from S.H.
121 north to approximately 650 feet south of the Main Street (F.M. 423) bridge over Lake
Lewisville and retail/commercial/office areas at South Colony Boulevard and Paige Road and
the southwest corner of Kisor Drive and Paige Road (see map on next page).
Residential areas have been removed from the Gateway Overlay District. When and if any of
the abutting residential district changes to a commercial zoning, the tract will automatically be
incorporated into the Gateway Overlay District upon approval of the rezone request."
Section 1 OA -300 Exhibit 1 is hereby replaced with Exhibit 1 attached herewith.
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. That any person, firm or corporation violating a provision of this
Ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in the sum
not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
SECTION 6. That 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 2"d day of February, 2016.
G G�
J McCoun• , Mayor
ATTEST:
y OF.. Th
Christie Wilson, City Secretary =;
APPROVED AS TO FORM:
Jeff Moore, City Attorney
w
c
0