HomeMy WebLinkAboutOrdinance No. 297 THE CITY OF THF~ COLONY, TEXAS
ORDINANCE NO. -, ~z~q'7
AN ORDINANCE AMENDING ORDINANCE NO. 61, THE COM-
PREHENSIVE ZONING ORDINANCE OF THE CITY OF THE
COLONY, TEXAS, AS AMENDED, PASSED AND APPROVED ON
JUNE 4, 1979, GRANTING A ZONING CHANGE ON A TRACT OF
LAND WHICH IS WITHIN THE CITY OF THE COLONY, TEXAS,
AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE
IN THE USE OF SAID PROPERTY FROM SPECIFIC USE PERMIT
WITH ALLOWABLE USE OF A CHURCH TO SPECIFIC USE
PERMIT WITH ALLOWABLE USE ONLY OF A DAY CARE
CENTER; REQUIRING SITE PLAN APPROVAL PRIOR TO ISSU-
ANCE OF A BUILDING PERMIT; REQUIRING DEVELOPMENT
OF THE DAY CARE CENTER TO BE IN ACCORDANCE WITH
ALL RELEVANT REGULATIONS; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGE AND
AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT
LESS THAN ONE DOLLAR NOR MORE THAN TWO HUNDRED
DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGEN-
CY AND PROVIDING AN EFFECTIVE DATE.
THE STATE OF TEXAS §
COUNTY OF DENTON §
THE CITY OF THE COLONY §
WHEREAS, a change in the classification of a zoning district has been
requested by a person or corporation having a proprietary interest in the
property described in Exhibit "A"; and
WHEREAS, the requested change was submitted to the Planning and
Zoning Commission of the City of The Colony, Texas, (the "City") for its
recommendation and report; and
WHEREAS, the Planning and Zoning Commission of the City of The
Colony, and the City Council of the City of The Colony, in compliance with the
laws of the State of Texas, and with the provisions of the Comprehensive Zoning
Ordinance of the City of The Colony, 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 the persons interested and
situated in the affected area and in the vicinity thereof; and
WHEREAS, the City Council does hereby find and determine that the
granting of such change in the classification of the zoning district is in the best
interest of the public health, safety, morals and general welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Ordinance No. 61, the Comprehensive Zoning Ordinance
of the City of The Colony, Texas, as may be amended, passed and approved on
June 4, 1979, (the "Comprehensive Zoning Ordinance"), be and the same is
hereby amended and changed in that the allowed use of property described as
follows:
Being a tract of land situated in the James L. Sparks, Survey,
Abstract No. 1179, Denton County, Texas and being located in the
City of The Colony, Texas and being more particularly described as
follows:
Beginning 281.90 feet in a north easterly direction from the north
line of Keys Drive and the west line of Anderson Drive; thence in
a north easterly direction along the west line of Anderson Drive S
43° 43' 35" W, 460.14 feet; thence S 89° 00' 02" W, 669.50 feet;
thence S 42° 24' 02" E, 473.66 feet to the place of beginning and
conta, ining 2.500 acres of land,
and which property is presently zoned under the Comprehensive Zoning
Ordinance, is changed from Specific Use Permit with allowable use of a church
to Specific Use Permit with allowable use only for a day care center.
Section 2. That this Specific Use Permit shall allow the construction and
operation of a day care center.
Section 3. That the herein described property shall be used only in the
manner and for the purpose provided by the Comprehensive Zoning Ordinance as
amended herein by the granting of this Specific Use Permit.
Section 4. That a site plan shall be required prior to issuance of a
building permit which site plan shall comply with the Comprehensive Zoning
Ordinance and all other applicable ordinances and requirements of the City, and
which site plan shall reflect adequate and acceptable setback requirements,
height limitations, ingress and egress requirements, parking and loading arrange-
ments and all other applicable and appro~)riate elements required by the
Comprehensive Zoning Ordinance and other ordinances of the City for the
approval of site plan and specific use permits.
Section 5. That said site plan shall be submitted to the Planning and
Zoning Commission for review and recommendation to the City Council for final
action, and that such plan when finally accepted shall be made part of this
ordinance.
Section 6. That the development of the day care center shall be in
accordance with all regulations of the City regarding day care centers. ~
Section 7. The City Manager of the City is hereby directed to correct
the official zoning maps of the City to reflect the herein change in zoning.
Section 8. That in all other respects the use of the tract or tracts of land
herein above described shall be subject to all the applicable regulations
contained in said Comprehensive Zoning Ordinance of the City and all other
applicable and pertinent ordinances of the City.
Section ~9. That the zoning regulations ~nd districts as herein established
have been made in accordance with the comprehensive plan for the purpose of
promoting the health, safety, morals and the general welfare of the community.
They have been,designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable future, to lessen
congestion in the streets; to secure safety from fire, panic, flood and other
dangers; to provide adequate light and air; to prevent over-crowding of land, to
avoid undue concentration of population; to facilitate the adequate provisions of
transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business,
commercial needs and development of the community. They have been made
with reasonable consideration, among other things of the character of the
district, and its peculiar suitability for the particular uses and with a view of
conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
Section 10. This ordinance shall be cumulative of all other ordinances of
the City affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which
are in direct conflict with the provisions of this ordinance.
Section 11. That the terms and provisions of this ordinance shall be
deemed to be severable and that if the validity of the zoning affecting any
portion of the tract or tracts of land described herein shall be declared to be
invalid, the same shall not affect the validity of the zoning of the balance of
the tract or tracts of land described herein.
Section 12. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and u~)on conviction thereof shall be
fined in a sum not less than One Dollar ($1.00) nor more than Two Hundred
Dollars ($200.00) and a separate offense shall be deemed committed upon each
day during or on which a violation occurs or continues.
Section 13. The fact that the present zoning ordinance and regulations
of the City are inadequate to properly safeguard the health, safety, morals
peace and genera] welfare of the inhabitants of the City creates an emergency
for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall
become effective from and after the date of its final passage and publication as
provided by law, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY C..~QUNCIL OF THE CITY OF
THE COLONY, TEXAS, this the /O day of ~~.~, 198 L~ .
ATTEST:
City S~ary, City of The ColonY, Texas
[SEAL]
APPROVED AS TO FORM:
~y Attorney, City of T~Col}~tly, Texas