HomeMy WebLinkAboutOrdinance No. 452 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF THE COLONY, TEXAS BY AMENDING A~PENDIX A-ZONING
BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED
WITHIN THE CITY OF THE COLONY, TEXAS AND MORE FULLY
DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "MF-I" MULTIPLE FAMILY-1 TO "SC" SHOPPING
CENTER; REQUIRING DEVELOPMENT OF THE TRACT TO BE IN
ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND
ORDINANCES OF THE CITY; CORRECTING THE OFFICIAL ZONING
MAP; PROVIDING A SAVINGS CLAUSE; 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 ($1.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
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", attached hereto and incorporated herein for all purposes,
which property lies within the corpo~'ate limits of I:l~c City of The Colt)ny, Texas
(the "City"); and
WHEREAS, the requested change was submitted to the Planning and Zoning
Commission of the City for its recommendation and report; and
WHEREAS, the Planning 2md Zoning Commission of the City and the City Council,
in compliance with the laws of the State of Texas and with the provisions of the Compre-
hensive Zoning Ordinance of the City, 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 tbe persons interested and situated in the affected
area and in the vicinity thereof; and
WItEREAS, 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 inlerest of
the public health, safety, morals and general welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CiTY COUNCIL OF TIlE CITY
OF THE COLONY, TEXAS:
Section 1. Tha~ all of the above p~'elnises are found to be true and correct
and arc incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That Appendix A-Zoning of the Code of Ordinanct~s of the City
of The Colony, Texas, be and the same is hereby amended and changed in the £ollow-
lng particulars, and that all other existing sections, subsections, t~aragraphs, sm~tences,
definitions, phrases and words of said Code of Ordinaiices are not anlended, but rmnain
intact and are hereby ratified, verified, approved and affirmed:
A. That the allowed use of that tract of land situated
in the B.B.B. & C.R.R. Company Survey, Abstract No. 173,
of Denton County, Texas, consisting of approximately 5.96
acres of land and being described more accurately by metes
and bounds in Exhibit "A", attached hereto and incorporated
herein for all purposes, presently zoned under "MI-l"
Multiple Family-1 classification is hereby changed to "SC"
Shopping Center.
Section 3. The City Mam~ger of the City is hereby directed to co,rect the
official zoning map of the City to reflect the change is zoning described hereiu.
Section 4. That in all other respects the use of the tract of land above
described shall be subject to all applicable regulations contained in the Comprehensive
Zoning Ordinance of the City and all other applicable ordinances of the City.
Section 5. That the zoning regulations and districts as herein estab-
~ ~ lished 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 beth 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 6. This ordinance shall be cumulative of all other ordinances of
the City affecting zoning and shall not repeal any of the provisions of those
ordinances except in those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance.
Section 7. That if any section, article, paragraph, santenee, clause,
phrase or word in this ordinance or application thereof to any person or'
circumstance is beld 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 ~8.. 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 less than One Dollar ($1.00) nor more than One Thousand
Dollars ($1,000.00) and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues.
Section 9. The fact that the present zoning ordinanee and regulations
of the City are inadequate to properly safeguard the health, safety, morals,
poaee 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 Co~ncil of the City of The Colony,
.. Texas on this the ~ day of ~, 1986.
AT~I'ES : ~
City Secretary, Cit~ ~
of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas
EXHIBIT "A"
TRACT #3
METES AND BOUNDS DESCRIPTION
5.960 ACRES
DENTON COUNTY, TEXAS
Being 5.960 acres of land situated in the B.B.B. & C.R.R. Survey, Abstract No.
181 and the B.B.B. & C.R.R. Survey, Abstract No. 173 in Denton County and
being more particularly described as follows:
COMMENCING at a 1/4 inch iron rod, said iron rod being the northwest corner of
the B.B.B. & C.R.R. Survey, Abstract No. 173, said iron rod also being the
southwest corner of the Samuel Hayes Survey, Abstract No. 648;
THENCE South 0° 57t 17" East, a distance of 995.87 feet to a 1/2 inch iron rod
at the POINT OF BEGINNING;
THENCE North O' 08t 59" West, a distance of 437.98 feet to a point;
THENCE North 32° 51' 32" East, a distance of 56.81 feet to a point;
THENCE North 32° 51~ 32" East, a distance of 30.00 feet to a point, said point
being the beginning of a curve to the left having a central angle of 32' 15'
19" and a radius of 180.00 feet;
THENCE along said curve to the left, a distance of 101.33 feet to a point;
THENCE South 89° 23' 47" East, a distance of 365.95 feet to a point;
THENCE South 6° 50' 01" East, a distance of 390.39 feet to a 1/2 inch iron
rod;
THENCE South 0° 28~ 38" West, a distance of 40.59 feet to a 1/2 inch iron rod;
THENCE South 0° 06~ 56" East, a distance of 55.67 feet to a 1/2 inch iron rod;
THENCE North 89° 25~ 09" West, a distance of 553.91 feet to the POINT OF
BEGINNING and containing 5.960 acres (259,634 square feet) of land more or
less.
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