HomeMy WebLinkAboutOrdinance No. 397 THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 47
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF THE COLONY, TEXAS BY AMENDING APPENDIX
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 "O-1" OFFICE
1 TO "GR" GENERAL RETAIL; REQUIRING DEVELOPMENT OF
THE TRACT TO BE IN ACCORDANCE WITH ALL RELEVANT
REGULATIONS; PROVIDING FOR SPECIAL CONDITIONS; COR-
RECTING THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL WEL-
FARE 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 ciassification 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 iimits 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
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 ali 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 Appendix A-Zoning of the Code of Ordinances of the
City of The Colony, Texas, be and the same is hereby amended and changed in
the following particulars, and that all 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 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. 194, Denton
County, Texas, said tract being Lot 9, Block 66 of The Colony
Bank Addition, consisting of approximately 1.000 acres of land and
being described more accurateiy by metes and bounds in Exhibit
"A," attached hereto and incorporated herein for all purposes,
presently zoned under the "O-1" Office 1 District classification, is
hereby changed to "GR" General Retail.
Section 3. 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 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 and
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 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 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, 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 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 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 o~)_'~Lt~day o~, 1986.
aye, C~t'y-of~Tt~t~ CoI'dny, T~exas
City ~eereta~e Colony, Texas
[SEAL]
APPROVED AS TO FORM:
· y Attorney, City of The ~51ony, Texas
FBRGUSON-