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HomeMy WebLinkAboutOrdinance No. 432 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE COMPREHENSIVE ZONING ORDINANCE, THE SAME BEING APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY, BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR MUNICIPAL COMPLEX USE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY AND MORE FULLY DESCRIBED HEREIN; REQUIRING DEVELOPMENT OF THE TRACT TO BE IN ACCORDANCE WITH THE CONDITIONS HEREIN SPECIFIED AND ALL RELEVANT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PI~ESERVING ALL OTHER PARTS OF THE COMPREHENSIVE 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 ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00) 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 corporate limits of the City of The Colony, 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 Plmming and Zoning Commission of the City and the City Council, in eompliunce with the laws of the State of Texas and with the provisions of the Comprehensive 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 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 citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE,. CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be 'true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas (the "City"), the same being Appendix A-Zoning of the Code of Ordinances of the City (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended and changed in the following particulars, and that aH other existing sections, subsections, paragraphs, sentences, definitions, phrases ar.d words of said Code of Ordinances are not amended, but remain 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. Survey, Ahstact No. 194 in the City of The Colony, Denton County, Texas, said tract being the Municipal Complex Addition, consisting of approximately 17.8530 acres of land, more or less, and being described more accurately by metes and bounds in Exhibit "A' attached hereto and incorporated herein for all purposes, currently zoned SF Single Family Dwelling District, be changed by granting and approving a Specific Use Permit for a municipal complex. 0126G Section 3. That this Specific Use Permit shall be and is hereby subject to the condition that prior to the issuance of any building permit or any certificate of occupancy for the herein described property, the comprehensive site plan required in Zoning Seextion 10-910 of the Comprehensive Zoning Ordinance shall be submitted and approved by the City Council und shall be made exhibits to and a part of this ordinance and shall be incorporated herein by this reference. Section 4. That the herein described property shall be used only in compliance with the comprehensive site plan approved by the City Council and for the purposes provided by the Comprehensive Zoning Ordinance as amended herein by the grunting of this Specific Use Permit for municipal complex. Section 5. The City Manager of the City is hereby directed to correct the official zoning map of the City to reflect the change in zoning described herein. Section 6. That in all other respects the use of the tract of land above deseribed shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordlnanee of the City and all other applicable and ordinances of the City. Section 7. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for th 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 8. This ordinance shall be cumulative of ali 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 9. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance 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 10. Any person violating any of the ,provisions of this ordinance shall be deemed guilty of a misdemeanor and upor~ conviction thereof shail be fined in a sum not less than One Dollar ($1.00) nor more than Ohe Thousand Dollars ($1,000.00) and a separate offense shall be deemed committed each day duging or on which a violation occurs or continues. Section 11. The fact that the present zoning ordinance and regnlatious of the City are inadequate to properly safegnard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency far 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 ~ the ~ity Council of the City of The Colony, Texas, this the ,-31 ,a~ day of ~.~---- , 1986. ~mayo~lty of'Tl~l~Colon~[Texas -- ATTEST: City Secretary, City of The Colony, Texas PEAL] APPt~OVED AS TO FORM: City Attorney, City of The Colony, Texas STATE OF TEXAS ] COUNTY OF DENTON ! MHEHEAS, THE CZTY OF THE COLONY, Le the owner of · trect or perce~ of Lend e~tu&ted Ln the B.B.B. & C.R.H. Survey, Abetrect No. L94 In the C~t¥ of The CoLony, Denton County, Texae, end be~n9 lore perticulerL¥ BEGZNNZNG et · one ~nch Lron rod it the Let·re·etLon o~ the South L~ne of North Colony 'BouLeverd Ce ~00 ft. r~gh~-o~-wey) end the ~llt ~Lne of e Texee Power & L~gh~ R~ght-O£-~ey C& 250 ft. r~ght-o£-vey); THENCE ~outh 25° 2L' ~" ~eet ~S0.74 feet eLong ~hl laid Power & L~ght H~ght-O£-~ay to e one inch ~ron rod~ South ~ne of North Colony BouLevard; THENCE North 400 3~' 51" Eelt 442.87 flit I~ong ~he South Line of North CoLony Boulevlrd to I one inch ~ron rod; THENCE North!·et·riy ~n irc dietence o~ 762.28 ~let ·Long the Sou~h Line of #orth Colony Boulev&rd end &Long · curve to the right to I one inch iron rod, ei~d curve h&ving · red~ue of 650.00 £te~ end e centre! ingle of 67o IL' 36", Chi ~ong Chord be·re North 740 07' 39" Eeet ?19.34 THENCE South 72° ~' 33" Ee·t 370.84 £1e~ e~ong the South Line o£ North CoLony Bou~lv&rd to the Point of Btg~nnLng end Cont&~ning 777,677 Iqu&re felt or ~?.8530 ecree of L·nd acre or Exhibit "A"