Loading...
HomeMy WebLinkAboutOrdinance No. 593 CITY OF THE COLONY, TEXAS ORDINANCE NO.._~6i~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 61, THE COMPREHENSIVE ZONING ORDINANCE, By DECLARING AS VALID AND CONFORMING THE USE OF CERTAIN PROPERTIES FOR RESIDENTIAL PURPOSES GENERALLY LOCATED ALONG CHOWNING CIRCLE AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING THAT THE RESIDENTIAL USE OF THE PROPERTIES MAY CONTINUE IN ACCORDANCE WITH THE RESIDENTIAL ZONING DISTRICT MOST SIMILAR TO THE PARTICULAR PROPERTY; PROVIDING THAT THE SAID PROPERTIES SHALL REMAIN AND CONTINUE TO BE ZONED GR GENERAL RETAIL;PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas *the "City") on June 4, 1979 adopted Ordinance No. 61, the Comprehensive Zoning Ordinance, which Ordinance adopted as a part thereof a Zoning District Map, the City Council thereby zoning all of the land within the City according to the zoning districts provided for in the Comprehensive Zoning Ordinance; and WHEREAS, as a part of the adoption of the Comprehensive Zoning Ordinance and the Zoning District Map, certain property (the "Property"), generally located and lying along Chowning Circle, a public street located within the City, and near the intersection of Chowning Circle and FM 423 (Main Street) and as more particularly described in the Exhibit "A" attached hereto, was zoned GR General Retail by Ordinance No. 50 on the 20th day of November, 1978, and is one of the zoning districts enumerated in the Comprehensive Zoning Ordinance; and WHEREAS, in 1980 the City Council approved The Colony 31 addition, a plat subdividing the Property into 12 lots (the "Lots"); and WHEREAS, in 1980 the City issued building permits to the then owner of the Lots for the construction of three (3) duplexes located on the north side of Chowning Circle, (Block 113, Lots 10, 11 and 12), and in 1981 issued building permits for the construction of two (2) single family dwellings located on the south side of Chowning Circle (Block 112, Lots 12 and 13); and WHEREAS, the three (3) duplexes and two (2) single family dwellings were constructed and continue tuexist today and be used for residential purposes; and WHEREAS, these five (5) residential dwellings, as a result of being constructed in an area zoned GR General Retail, which zoning district does not permit the use of property within the district for residential purposes, became unlawful, nonconforming uses in violation of the Comprehensive Zoning Ordinance; and WHEREAS, because these residential dwellings, are unlawful and nonconforming, the owners thereof are not and will not be able to secure a building permit or other relevant permit or certificate necessary to construct, reconstruct, alter, remodel, erect, place, use or occupy any building or structure located on the Property for residential purposes; and WHEREAS, in an effort to resolve the unlawful, nonconforming status of the Property, the City instituted a zoning case pursuant to Chapter 24 of the Comprehensive Zoning Ordinance to consider whether or not an amendment or change t the zoning ordinance should be made or to consider declaring the residential structures and uses currently existing on the Property to be valid and legal and not nonconforming; and WHEREAS, the~ City, as a home rule city pursuant to Article XI, Section 5 of the Texas Constitution, Chapter 9, Tex. Loc. Gov. Code (Vernon), and its Home Rule Charter, has the full power of local self-government and is empowered to do all acts which the Legislature could have authorized the City to do, except as specifically limited by the Legislature; and WHEREAS, all the legal requirements, conditions and pre- requisites having been complied with, the said zoning case having come before the City Council of the City of The Colony, Texas; and WHEREAS, the City Council at a public hearing called by the City Council, did consider the following factors in making a determination as to whether the change should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established 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 around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street loading spaces and protection of public health and the general welfare, effect on light and air, the effect on the over crowding 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 at a public hearing called by the City Council, did consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion of the streets, the fire hazards, panics 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 over crowding of the land, the effect on the concentration on 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 with 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 adoption of this Ordinance, that the public demands it, that the public interest clearly~ requires the amendments, that the declaration herein made 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, has determined that there is a necessity and need for the declaration herein made and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the Property since the Property was originally classified and desires to make the use of the Property conforming and not nonconforming and therefore finds that the declaration of the validity of the use of the Property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of The Colony, Texas and helps promote the general health, safety and welfare of this community. 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 real properties heretofore developed and used for residential purposes, both duplex and single-family, generally located and lying along Chowning Circle within the City of The Colony, Texas and as more particularly described and outlined in Exhibit "A" attached hereto and incorporated herein, are hereby declared and shall be deemed to be conforming and legal and not nonconforming. Section 3. That any future or further development of the said Properties described in Exhibit "A", including any building erecting, constructing, reconstructing, altering remodeling or placing of any building or structure thereon, shall be in accordance with the standards set forth by the SF 4, Single Family 4 and D, Duplex, the zoning districts outlined in the Comprehensive Zoning Ordinance which is most similar to the particular property. By way of example, and without limitation, those properties affected by this Ordinance and on which duplexes are existing shall be governed' and regulated by the D, Duplex Dwelling district standards as set forth in the City of The Colony Comprehensive Zoning Ordinance. Section 4. That the zoning on the Property is not amended herein but shall remain GR, General Retail. Section 5. That in all other respects the use of the tract or tracts of land hereinabove described shall be subject to all of the applicable regulations contained in said City of The Colony Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of The Colony, Texas. 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 said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 7. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances 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; an~ 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 8. 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 it's passage it is accordingly so ordained. PASSED AND APPROVEDr~y the Cit~,Council of the City of The Colony, Texas this the ~ day of ~c~z~- , 1989. APPROVED: Don Amic~, Ma~or ~' ' · ATTEST: Patti A. Hicks, City Secretary APPROVED AS TO FORM: City Attorney EXHIBIT "A" The Colony 31 Addition Block 113, lots 10, 11, 12; Block 112, lots 12 and 13.