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HomeMy WebLinkAboutOrdinance No. 095ORDINANCE NO. q_z) AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO "SF" SINGLE-FAMILY DISTRICT CLASSI- FICATION SUBJECT TO SPECIFIC USE PERMIT FOR A CHURCH; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 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 the Com- prehensive 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 after such hearings the governing body of the City of The Colony is of the opinion that the zoning change should be granted, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Comprehensize Zoning Ordinance of the City of The Colony, Texas, be, and the same is hereby, amended by amending the Zoning District Map of the City of The Colony so as to change the following described property to "SF" Single -Family District Classi- fication subject to a special use permit (No. 8) for a church. That the full metes and bounds description of said property is attached hereto as Exhibit "A" and made part hereof for all purposes. SECTION 2. That the herein described property shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of The Colony as amended herein by the granting of this zoning classification, subject to the following special con- ditions and requirements: (a) The site plan setting forth conditions recommended by the Planning and Zoning Commission concerning setbacks, ingress and egress, off street parking and loading arrangement, location or construction of buildings and uses and operation required is attached hereto as Exhibit "B" and made a part of this amending ordinance for all purposes. (b) The conditions of this ordinance and of the site plan attached hereto are considered as conditions precedent to the granting of a Certificate of Occupancy and Compliance for the specific use provided for herein of the property as a church. In addition, the Building Inspector is prohibited from issuing a Certificate of Occupancy and Compliance until the existing structure complies with all appli- cable Codes of the City of The Colony, until the off street parking as provided in the Comprehensive Zoning Ordinance and on the site plan is provided for and in place, and until the ingress and egress required by the site plan is provided. (c) In no event shall any building or structure be constructed on the property described herein until the plans therefor shall have been submitted to the Planning and Zoning Commission and the City Council for their approval and amendment of the site plan. Such pro- ceedings shall be in accordance with the regular zoning change pro- ceedings required by the Comprehensive zoning Ordinance. SECTION 3. That all ordinances of the City of The Colony in con- flict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of The Colony not in conflict with the provisions of this ordinance shall re- main in full force and effect. SECTION 4. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared or be determined to be unconsti- tutional, such declaration or holding shall not affect the remaining portions of this ordinance, which are declared to be severable. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of The Colony, and, upon conviction in the Municipal Court, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. THIS ORDINANCE WAS P 4EAD IN AN OPEN MEETING OF THE CITY COUNCIL 107 on the _day of_ 1980. THIS ORDINANCE WAS DULY PASSED ON SECOND READING on the day ofqd4a444,-, 1980. APPROVED: MAY ATTEST: APPROVED AS TO LEGALITY (.- F THE FORM: "-j-c;)-z �-(< CITY ATTORNEY FIELD NOTES Being 2 tracts of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, Denton County, Texas and being more particularly described as follows: TRACT "A" Beginning at the point of intersection of the east R.O.W. line of Blair Oaks Road (60 ft. R.O.W.) with the existing south R.O.W. line of Clover Valley Drive; THENCE S 89° 43' 40" E, along the existing south R.O.W. line of Clover Valley Drive, a distance of 839.02 ft.; THENCE S 0" 21' 50" E, a distance of 256.11 ft.; THENCE S 89° 48' 55" W, a distance of 839.97 feet to a point in the east R.O.W. line of Blair Oaks Road; e. THENCE. N 00 08' 46" W, along the east R.O.W line of Blair Oaks Road, a distance of 262.80 ft. to the point of beginning and containing 5.000 acres of land. TRACT "B" BEGINNING at a point in the South R.O.W. line of Clover Valley Drive, that is, S 890 43' 40" E, a distance of 839.02 ft. from the intersection of the East R.O.W. line of Blair Oaks Road (60 ft. R.O.W.) with the existing south R.O.W. line of Clover Valley Drive; THENCE S 89" 43' 40" E, along the existing south R.O.W. line of Clover Valley Drive, a distance of 15.33 ft.; THENCE S 0° 21' 50" E, a distanceof 255.99 ft.; THENCE S 89' 48' 55" W, a distance of 15.33 ft.; THENCE N 0° 21' 50" W, a distance of 256.11 ft. to the Point of Beginning and contain- ing 0.090 acres of lard. u � '71 ' n �)^ -T7 ' | ' r' � w _ o ou oo ` � | u|| - - � ^� "`{��--------- - ' - -'T--'---� _- �~ -J -~ � \ ~'� FT] r— ~`