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HomeMy WebLinkAboutOrdinance No. 559 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 61, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED', PASSED AND APPROVED ON JUNE 4, 1979, BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS, BEING ALL OF HAVEN HILLS ADDITION AND GARZA- LITTLE ELM ESTATES ADDITION, AND MORE FULLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM THE PRESENT ZONING DISTRICTS IN THE FORMER TOWN OF EASTVALE, TEXAS, PRESENTLY ENFORCEABLE BY ORDINANCE NO. 490 OF THE CITY OF THE COLONY, TEXAS, PASSED ON THE 10TH DAY OF AUGUST 1987, TO MOBILE HOME (MH), PLANNED DEVELOPMENT (PD) (IN ACCORDANCE WITH EXHIBIT "C" ATTACHED HERETO), NEIGHBORHOOD SERVICES, INDUSTRIAL (I) , GENERAL RETAIL (GR), LIGHT COMMERCIAL, AND HEAVY COMMERCIAL; REQUIRING DEVELOPMENT OF THE TRACTS TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND ORDINANCES OF THE CITY; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING 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 FOR A PENALTY NOT TO EXCEED THE SUM OF 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, application was made to amend the official Zoning District Map of the City of The Colony, Texas (the "City") by making application for the same with the Planning and Zoning Commission of the City of The Colony, Texas, as required by State statutes and the Zoning Ordinance of the City and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of The Colony, Texas; and WHEREAS, the City Council of the City of The Colony, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether the requested zoning should be granted or denied: safety of the motoring public and pedestrians; safety from fire hazards and measures for fire control; protection of property from flood or water damages, noise producing elements and glare of vehicular and stationary lights ad effect of such lights on the character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use; adequacy of parking as determined by requirements of this ordinance for off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the ccncentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of The Colony, Texas, at a public hearing called by the City Council of the City of The Colony, Texas, did ccnsider the following factors in making a determination as to whether this requested zoning should be granted or denied; effect on the congestion of the streets, the fire hazards, panic and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council of the City of The Colony, Texas further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of buildings, and to encourage the most appropriate use of land throughout the City; and WHEREAS, the City Council of the City of ~The Colony, Texas, does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning change does not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of The Colony, Texas, does find that the zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of The Colony, Texas has determined that there is a necessity and need for the change in zoning and has also found and determined that there has been a change in the condition of the property surrounding and in close proximity of the tract of land requested for a change since the tract of land was originally cl~ssif'ied and therefore feels that the respective ckanges in zoning classification for the tract of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City, and help promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~E 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 Ordinance No. 61 of the City of The Colony, Texas (the "City"), being the Comprehensive Zoning Ordinance of the City of The Colony, Texas, as amended, passed and approved on June 4, 1979 (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended in the following particulars, and that all other sections, subsections, paragraphs, sentences, phrases and words of said Comprehensive Zoning Ordinance are not amended, but shall remain intact and are hereby verified, ratified, approved and affirmed: A. That the allowed use of that certain tract or parcel of land situated in Denton County, Texas, a part of the G.Emberlin Survey, the J.W. Ragland Survey and the R.P. Hardin Survey, Denton County, Texas, and being all of Garza-Little Elm Lake Estates as shown by Plat thereof, recorded in Volume 2, Page 80, and Haven Hill Addition as shown by Plat thereof, recorded in Volume 7, page 5]. of the Plat Records of Denton County, Texas, and being more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, which, in accordance with the Comprehensive Zoning Ordinance, as amended, is hereby amended as follows: That property presently zoned Single Family (SF)/Mobile Home (MH) is hereby changed to Mobile Home (MH); that certain property presently zoned Residential is hereby changed to Planned Development 1 (PD1); that certain property presently zoned Residential is hereby changed to Planned Development 2 (PD2); that certain property presently zoned Local Retail is hereby changed to General Retail (GR); that certain property presently zoned Light Industrial/Retail is hereby changed to Light commercial; that certain property presently zoned Retial/Retail-Light Industrial is hereby changed to Heavy Commercial; that certain property presently zoned Local Retail is hereby changed to Neighborhood Services; that certain property presently zoned Local Retail is hereby changed to General Retail (GR); that certain property presently zoned as Light Industrial/Retail is hereby changed to Light Commercial; that certain property presently zoned Light Industrial/Retail is hereby changed to General Retail; that certain property presently zoned as Light Industrial/Industrial-Retail is hereby changed to Neighborhood Services; and that certain property presently zoned as Light Industrial is hereby changed to Industrial; as more particularly described in Exhibit "B", and with the specific requirements contained in this ordinance. Section 3. That the herein described property shall be used in the manner for the purpose provided by the Comprehensive Zoning Ordinance as amended herein by the granting of this change of zoning. Section 4. That in carrying out the development of the PD, Planned Development Districts (as described in Exhibit "C"), the development conditions shall be conditions precedent to the granting of a certificate of occupancy and compliance as required by the Comprehensive Zoning Ordinance. Section 5. That the City Manager of the City is hereby directed to correct the official zoning map of the City to reflect the herein change in zoning. Section 6. That in all other respects of the tract or tracts of land herein-above described shall be subject to all applicable regulations ccntained in the Comprehensive Zoning Ordinance of the City and all other applicable and pertinent 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 the purpose of promoting the health, safety, morals and the general welfare of the ccmmunity. They heve been designed, with respect to both present conditions and the conditions reasonable anticipated to exist in the foreseeable future, to lessen ccngestion 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 provision 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 ccmmunity. 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 all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 9. If any section, article, paragraph, sentence, clause, phrase or word iD this ordinance, or application thereto amy person or circumstances is held invalid or unconstitutional by a Court of ccmpetent jurisdiction, such hc. lding shall not affect the validity of the remaining pcrtions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the 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 upon ccnviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 11. The fact that the pzesent zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, mcrals, 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 it final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVE~,b;y the City ~ouncil of the City of The Colony, Texas this the ~ day of, ,~~ , 1988. Don AT~ick, Mayor~ ~ ATTEST: Patti A. Hicks, City Secretary Ail that cert,,in tract or parcel of land situated in Denton County, Texas, a part of the G. Emberlin Survey, the J. W. Ragland Survey and the R. P. Hardin Survey, Denton County, Texas, and being all of Garda-Little Elm Lake Estates as sbown by Plat thereof recorded in Volume 2, Page 80, of the Plat Records of Denton County, ·Texas, together with an additional tract of land and being more particularly described as fei.lows,, to-wit: BEGINNING at the Western most Southwest co~ner of Garza- Little Elm Lake Estates, said point being the Southern most corner of Lot 54 and the Western most corner of Lot 53 in Block 7; THENCE North 1~ 4' West 952 feet, a corner; TIIENCE South 74" 35' East 205.31 feet, a corner; ?HENCE North 11"~ 55' East 200 feet, a corner; THENCE North 60° West 280 feet, a corner; TIIENCE North 1" 4' West 606.47 feet, a corner; THENCE North 37~ East 381.15 feet, a corner; '?HENCE South 68~ 23' East 1080 feet, a corner; TIIENCE ~ou~h 85" 52 East 900 feet, a corner; THENCE South 71" 33' East 275 feet, a corner; THENCE North 78" 35' East 521 feet, a corner, said point being the Northeast corner of Lot 7 in Block 5 of Garza-Little Elm Lake Estates and in the West right-of-way of Highway 423; THENCE in a Southeasterly direction 160 feet, more or less, a corner in the East right-of-way of ]]~qhway 423., .~om~ being the North- west corner of Lot 3 in Block 4 of Garza-Litt]e Elm Lake Estates; THENCE South 57° 25' Rast 1235.34 feet, more or less, a corner at the intersection of the South line of Overlake Drive and the North- east line of Block 4; THENCE South 89~ 40' West 923.47, more or lcss, a corner at the Southwest most corner of Lot 23 in Block 3; THENCE South 00~ 14' East 2282.16 feet, a corner in an existing road; also the Southeast corner of Block 2, Garza Little Elm THENCE 89" 37' ;'~est 431.60 feet, a corner the Southwest corner of Block 1 of Garza-Little Elm Lake Estates, also being the East right-of-way of main street; being the ¥.~est right-of-w~ly of ma£n street; THENCE North 00° 03' West, 1275 feet, more or less, a corner, being the Southeast corner of Lot 1, Block 7, Garza-Little Elm Lake ?HENCE North 89~ 52' %':est, 26]8.64 feat, to the Northwest corner of the J. L. Sparks Survey, Abstract No. ]179, the following being the Haven ;{ills :~obile Home Estates, out of the R. G. Dunlap, Abate°act NO. 352, and J. L. Sparks, Abstract }~o. 1179, as shown by plat ?IiEHCE South 41" 22' West 120.89 feet with a public road .to a point in the East boundary line of the R. G. Dunlap Survey, ~'~bstract No. 352; THENCE North 45° 19' 40" West ]45.0 feet to a point; THENCE South 88" 38' 20" 1':est 510.1 feet to a point; THENCE ~orth 01~ ]~' 40" West 500 feet to a point; ']qIENCE North 69" 25' 20" East 734.67 foot to place of beginning. EXHIBIT "B" The allowed use on certain tracts of land situated in the · aven Hills Addition, Volume 7, page 5]. shall be changed from Singl~ Family/Mobile Home to Mobile Home. The allowed use on certain tracts of land situated in the Garza-Little Elm Estates Addition, Volume 2 page 88, shall be changed in the following particulars: Below listed property shall be changed from ~Residenti[al to Planned Development 1: Block 12, Lots ~ - 12 Block 14, Lots 1 - 18 Block 15, Lots 1 - ll and A-l, A-2, A-3 Block 16, Lots 1 - 24 Below listed property shall be changed from Residential to Planned Development 2: Block 5, Lots 1.3 - 66 Block 6, Lots 1 - 7 and 23 - 47. Block 7, Lots 6 - 53 Block 8, Lots [ - 6]. Block 9, Lots 1 - 42 Block 10, Lots 1 53 Block 11, Lots ]. 65 Block ].3, Lots 1 29 Below listed property shall be changed from Local Retail to General Retail: Block 1, Lots 1 - 45 and 56 - 110 Below ]isted property shall be changed from Light Industrial/Retail to Light Commercial: Block 2, Lots 1 - 33 Below listed property shall be changed from Local Retail/Retail- Light Industrial to Heavy Commercial .Block 7., Lots 46 55 Block 2, Lots 34 55 Below listed property shall be changed from Local Retail to Neighborhood Services Block 7, Lots 1 - 5 Below listed property shall be changed from Local Retail to General Retail: Block 6, Lots 8 and 9 Below listed property shall be changed from Light Industrial/Retail to Light Commercial: Block 3, Lots 1 23 Block 6, Lots 10 - 22 Below listed property shal] be changed from Light Industrial/Retail to General Retail: Block 5, Lots 10 - 12 Below listed property shall be changed from Light Industrial/Industrial-Retail to Neighborhood Services Block 4, Lots 1 - 7 Block 5, Lots 7 - 9 Below listed property shall be changed from Light Industrial to Industrial Block 4, Lots 8 - 18 EXHIBIT "C" Planned Development Unit 1 Description of Area: Blocks 12, 14, 15, & 16 of Garza- Little Elm Lake Estates Subdivision Permitted Uses: Uses identified as permitted uses in SF Districts in Section 10, Schedule of Uses by District, of the Zoning Code Book of The Colony Conditional Uses: Uses identified as permitted by specific use permit is SF Districts in Section 10, Schedule of Uses by District, of the Zoning Code Book of The Colony Minimum Lot Size: 7,000 Square feet Minimum Lot Width: 40 feet Minimum Setback, Front Yard: 20 feet Minimum Setback, Back Yard: ].0% of lot depth Minimum Setback, Side Yard: 15% of lot width Min. Floor Area/Dwelling Unit:l.,700 square feet All requirements as specified in the Comprehensive Zoning Ordinance of the City of The Colony for the SF-4 District and not addressed above shall pertain. Planned Development Unit 2 Description of Area: All of Blocks 5, 6, 7, 8, 9, 10, 11, & 13 of Garza-Little Elm Lake Estates Subdivision except for the following: Block 5, Lots 7 - 12 Block 6, Lots 8 -' 22 Block 7, Lots 1 - 5 Permitted Uses: Uses identified as permitted uses in SF Districts in Section 10, Schedule of Uses by District, of the Zoning Code Book of The Colony Conditional Uses: Uses identified as permitted by specific use permit is SF Districts in Section 10, Schedule of Uses by District, of the Zoning Code Book of The Colony Minimum Lot Size: 6,000 Square feet Minimum Lot Width: 50 feet Minimum Setback, Front Yard: 20 feet Minimum Setback, Back Yard: 10% of lot depth Minimum Setback, Side Yard: 15% of lot width Min. Floor Area/Dwelling Unit:l,500 square feet All requirements as specified in the Comprehensive Zoning Ordinance of the City of The Colony for the SF-4 District and not addressed above shall pertain.