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HomeMy WebLinkAboutOrdinance No. 272 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 27~ 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 MF-1, MULTIPLE- FAMILY DWELLING DISTRICT TO SC, SHOPPING CENTER DISTRICT; REQUIRING SITE PLAN APPROVAL PRIOR TO ISU- ANCE OF A BUILDING PERMIT; REQUIRING DEVELOPMENT OF THE SHOPPING CENTER TO BE IN ACCORDANCE WITH SC, SHOPPING CENTER DISTRICT REGULATIONS PROVIDED BY THE COMPREHENSIVE ZONING ORDINANCE; 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 HUN- DRED 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 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 genera] 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 a 13.606 acre tract of land, more fully described in attached Exhibit A, incorporated herein, which is presently zoned under the Comprehensive Zoning Ordinance, is changed from SF, Single-Family Dwelling District to SC, Shopping Center District. Section 2. 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 zoning change. Section 3. 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 appropriate elements required by the Comprehensive Zoning Ordinance and other ordinances of the City for the approval of site plans. Section 4. That said site plan shall be submitted to the Planning and Zoning Commission for review and recommendation to the City Council for final action. Section 5. That the development of the shopping center shall be in accordance with all SC, Shopping Center District regulations provided by the Comprehensive Zoning Ordinance. Section 6. 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 7. 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 8. 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 9. 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 10. That the terms and provisions of this ordinance shah 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 11. 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 12. 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 16th day of January , 198 4 ~ y/9~, City oT-Th-e ColSny, Texas- ATTEST: City , City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The~olo~, Texas EXHIBIT "A" Being ~ tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract Ko. 173, Denton County, Texas, and being more partJcu!arly deseribed as follows: ...... ~ at an iron pin for corner in the west line-of the B.B.B. and C ' Company Survei' A~stract ~o. ]73, sa:~ co~er being K 00© 24' 58" W, alor~g sa2~ west 2ine, 7!2.50 feet frgz ~ seuth~'e~ corner cf said su~,'~v ~nz a IT.E. ...... ~= ~ %~, 24' 5~" W: 675.72 fee~ alon~ said wes[ line to a U.S.A. concret~ TF~NCE ~ 00° 13' 53" W, 406.39 feet along sai~ west line to an iron pin for ...... ~r 48" ~-,~- S 89° 32' E, 552.73 feet to an iron pin for corner in the west line of Fa~ Re, ad No. 423; iHEI~CE S O0° 07' 50" W, 1078.5~ feet along said west ]ina ts an ~ron pin for ':~ r~' ~ 30" ...... C~ ]¢ 8~° 54' W, 543.70 feet to an ~ron pin for corne~ and the F]ace of EegJnnJng and containing 13.696 acres of land.