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HomeMy WebLinkAboutOrdinance No. 431 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~L~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES 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 A PUBLIC SCHOOL FOR ELEMENTARY EDUCATION 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; PRESERVING ALL OTHER PARTS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVER. ABILITY 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 Planning and Zoning Commission of the City and the City Council, in compliance with the laws of the State of Texas and with the previsions 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 al! other existing sections, subsections, paragraphs, sentences, definitions, phrases and 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 M. Hunt Survey, Ahstact No. 624, Denton County, Texas, consisting of 30.33 acres of land and being described more accurately by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes, currently zoned A Agricultural District, be changed by granting and approving a Specific Use Permit for a public school for elementary education. 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 Section 10-910 of the Comprehensive Zoning Ordinance shall be submitted and approved by the City Council and shall be made exhibits to and a part of this o~dinanee 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 purpose provided by the Comprehensive Zoning Ordinance as amended herein by the granting of this Specific Use Permit for a public school for elementary education. 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 deserlbed shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance 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 aneurdanee 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 seeare 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 eonsideratinn, among other things, of the character of the district, and its peculiar suitability for the partienlar 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 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 o~dinanees 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 or~linanee 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 remaluing 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 foree and effect. Section 10. 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 Thousan/l Dollars ($1,000.00) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 11. 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 aneordingly so ordained. PASSED AND &PPRO'~ED by th~ City T~xas, this th~da~ o~ ~.~'~ ~ Council, 1986, of th~ City of Th~ Colony, C~ty o'f~tm~ol~fiy, Tex~ ~' ATTEST: City Secretary, City of The Colony, Texas ~EAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas ~y 15, 1986 All Che~ cer~etu lo~, ~rec~ or perce~ of lend si~ue~ed in the ~1. ~u~ey. Abs~r,c~ No. 624. ~n~on ~un~. ~x*s *nd bein~ p*r~ of , eer~ein 50,90 ecre ~rocC described In · deed ~rom B.B. ~on ~us~ Co ~lovll~e Independent School DlsCr~cC, da~ed ~y 30, 1978 ~nd recorde~ ~n Vol~e 892, Po~es 933 thru 936, ~ed hcords o~ ~ncon ~unc~. end oleo being ~ cer~o~n 272 squere FO. ~roc~ describe~ es ~recc 2 o~ ~b~ A In ~ deed ~rom Fox ond ~ocobs Co ~lsvl~e ~depanden~ Dlo~ric~ d~ed ~er 1~, 1978 ond recorded ~n Vo~a 927, Peses ~ru 7~9, Deed bcords, ~nCon ~un~, ~exso and be~n~ ~re described b~ ne~es end bounds ~ fo~s: BECZ~ ~ ~ S~eel pipe found In , ~r~huSou~h fence line e~ the ~r~h~s~ Corner of e~ld ~0.90 ocre ~rec~; ~N~ ~r~h 89°07e31- EosC vl~h ~he ~rth line of o~ld ~0.90 ecr~ trfc~, 1133.07 fee~ ~o ~ s~eel p~ found ~ ~he Nor~h~es~ corner of · cer~ein 20 acre ~roc~ conveyed by ~he ~visville Independen~ School Dlo~ric~ ~o ~e Cl~ of ~e ~lony by deed de,ed $epCe~er 2~, ~CE Sou~h 00°32'13,, Eos~ vl~h the ~es~ line of sold 20 ocre cr~ct, 800.8~ fee~ ~o ~he Sou~ves~ corner of said 20 acre trac~, and being ~he ~rth line of · corCsin ~r~c~ described ~8 17,000 square fee~ la ~hibl~ A of ~ deed fr~ ~lsvllle ~dependen~ School District ~o Fox e~Jocobs; d~ed ~vember I~, 1978 ong recorded In Volune 927, Poses 721 ~hru 72~. ~ed Records of ~nton ~un~y, Texms, end no~ In ~he North line of ~he rl~ht-of.voy for Squires Drive es dedicated the Cl~y of ~e ~lony In ~he Plo~ of ~e ~lony No. 21 es recorded In ~bine~ B. Slide L58 of the ploc records of ~n~on ~un~, Texos; ~NCE in ~ ~e8~erly direction vi~h the ~rch line of Squires drive ~ cu~e ~o the lef~ hfvin~ ~ rodiuo of 189~ feec, on irc length of 3~0.8~ fee~ ( chord beers South 7~°59e16~ ~es~, 3~0.39 fee~ )1 ~NCE tn ~ ~es~erly ~o Northerly direction rich e cu~c to ~e 8~ld Cu~e h~vin~ ~ r~dius of 20.0 feet, ~n orc lens~ of 13.07 leec ( chord bears Nor~ 77o1~06- ~e&~. 21.79 feec) Co ~ point In the orl~lnol $ou~h line of sold 50.90 ~cre ~r~cC ~nd beinS the ~eac cornqr of aeid 272 oqu~re fee~ ~r~c~; ~N~ Sou~h 81°~8'2~,, ~esc ~l~h ~he Sou~ line of 8old ~0.90 ocre ~roc~ and ~lonS ~he North line of ~e ~lony ~. 2~, revised pl~ of ~lch recorded la ~bine~ B, Slide 158, plo~ records of ~nCon ~un~, 1095.61 fee~ ~o · steel pin for · corner; ~NCE ~r~h 00°18'~0,, l~e.~ vl~h the ~es~ line o~ eeid 50.90'~cre erect, 1015.31 fee~ Co ~e plsce of beginning ~nd conCeining In ~1 30.33 acres o~ l~nd. EXHIBIT "A"