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HomeMy WebLinkAboutOrdinance No. 279 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. ~-~-~ 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 OFFICE 1 TO GENERAL RETAIL; CORRECTING THE OFFICIAL ZONING MAP; PRESERV- ING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DE- MAND 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 EMERGENCY 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 owner of the tract of land on which a zoning change has been requested has executed a Declaration of Restriction imposing deed restrictions that exclude certain of the allowable principal uses on said tracts of land so long as said tracts of land are zoned General Retail; and WHEREAS, the City Council of the City of The Colony, Texas, has accepted and approved the proffered deed restrictions, which deed restrictions shall not be rescinded, revoked or amended without the written authorization of the City Council of the City of The Colony, Texas; and WHEREAS, the City Council does hereby find and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 in attached Exhibit A, incorporated herein, which is presently zoned under the Comprehensive Zoning Ordinance, is changed from Office i to General Retail. Section 2. 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 3. 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 4. That the zoning regulations and 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 5. 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 6. 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 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed 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 8. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals peace and general 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 COUNCIL OF THE CITY OF THE COLONY, TEXAS, this the c~]c~day of --~'~-htL~ , 198~ a ~ ~o7~itY o~F'The ~olony, Texas ATTEST: · Y 5Uetary, CitY of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas REAL PROPERTY CERTIFICATION I, JANET GADD, the duly appointed, qualified and acting City Secretary of the City of The Colony, Texas, hereby certify that the foregoing pages constitute the original copy of the DECLARATION OF RESTRICTION received from the Dunning Development Corporation the 2nd day of April,.. '~984, To certify which, witness my hand ai~d~ ~eal 'of,Ll~e Ci~ of The Colony, Texas, this 31st day of July,7,1:9~.4~ 'ht:.The'~.Colon~C',, · ~ * r .' - : of the City of:;-The Colony,Texas DECLARATION OF RESTRICTION STATE OF TEXAS COUNTY OF DENTON 423/Colo~Y Road Join~ Venture (the "Declarant") is the owner of all that certain real property situated in Denton County, Texas, and described on Exhibit "A" attached hereto and incor- porated herein by reference (the "Property"). Declarant hereby restricts the Property as follows: No establishment whose principal business is a night club, discothe~e, lounge, bar, cabaret, arcade, game parlor or ~ool hal~shall be permitted to occupy any of the premises in connection with the operation of any of the aforementioned businesses. The restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of, and be enforce- able by the City of The Colony, the Declarant or the owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors, and assigns. No amendment or termination of this restriction shall be effective unless executed by both: (i) the fee owner(s) of the land area hereby restricted and (ii) the City of The Colony, Texas. EXECUTED by the said Declarant this ~ of April 1984. ' , SAM G. KARTALIS, Partner Dunning Development Corporation Joint Venture Manager Sam G. K~talis - STATE OF TEXAS COUNTY OF~ BEFORE ME, the undersigned authority, on this day personally appeared SAM G. KARTALIS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. day of April, 1984. Notary P~blic in and for ~d.'._~y~' ~~, -~' County and State ~:v~!~' '"~. Being a tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173 Denton County, Texas, and being more particularly desqribed as follows: BEGInnING at the intersection of the South line of Colony Boulevard (a 100 ft. R.O.W. at this point) and the West line of Branch Hollow Drive (a 50 .ft. R.O.W. ); THENCE S 00" 07.' 50" W, ·131.02 feet along the West line of Branch Hollow Drive; THENCE N 89" 52' 10" W,. 420.00 feet.to a point in the'East line of Farm Road No. 423; THENCE'N 00.·07' 50" E, 130.00 feet along-said Wes~ line to a point in the South line of Colony Boulevard; · THENCE N 89" 59~ 42" E, 420.00.feet along said South line to the Place Of Beginning and containing 1.254 acres of land.