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HomeMy WebLinkAboutOrdinance No. 680 CITY OF THF. COLONY, TEXAS AN ORDINANCE AMENDING ~dE CODE OF ORDINANCES OF THE CITY OF THE COLCI~f, TEXAS, BY AM~qDEDING APP~qDIX A-ZC~IING BY GRANTING A ZONING C~ANGE C~ FOUR TRACTS OF LAND LOC~r~o DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; ORDERING A (~Ut~GE IN THE USE OF SkID PROPERTY FRC~ b~JLTI-FAMILY 1, OFFICE 1, O~'~'ICE 2 AND SHOPPING CS~TfER TO SINGLE FAMILY 4 AND SHOPPING CENTER; REQUIRING DEVELOPMENT OF THE ZONING MAP~ PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC (/4ANGE AND AM~kIIv~NT HEREIN MADE; PROVIDING A P~qALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS FOR EAC~ O~'~'~NSE AND A SEPARATE O~'~'~NSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, a change in ~he classification of a zoning district has been requested by a person or corporation having a proprietary interest in ~he property described in Exhibit "A", attached hereto and incorporated herein for all purposes, which property lies within ~he corporate limits of the City of The Colony, Texas (the "City"); and WHEREAS, %he requested change was submitted to the Planning and Zoning Commission of the City for its recommenda%ion and report; and WHEREAS, the Planning and Zoning Commission of %he 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 of the Comprehensive Zoning Ordinance of the City of The Colony, have given the requisite notices of 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 finds and determines that the granting of such change in the classification of the zoning districts is in the bes~ 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, subsenctions, 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 four (4) tracts of land situated in %he Samuel Hayes Survey, Abstract 648, Denton County,-Te~as consisting of approximately 43.7 acres and being more fully described In Exhibit "A", attached hereto and incorporated herein for all purposes, presently zoned under the "MF-i" Multi-Family 1, "O-1" Office 1, "0-2" Office 2 and "SC" Shopping Center classifications, is hereby changed to "SF-4" Single Family-4 and "SC" Shopping Center. Section 3. The City Manager of %he City is hereby directed to correct the official zoning map of the City to reflect the change in zoning described herein. Section 4. Tha~ the herein described property shall be used only in compliance with the comprehensive site plan and the development plans approved by the City Council and only in the manner and for the purpose provided by the Comprehensive Zoning Ordinance as amended herein by ~he granting of ~his zoning change. Section 5. That in all other respects, the use of the tract or tracts of land herein-described shall be subject ~o all ~he applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. ' Section 6. That %he zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health~ safe~y, morals and the general welfare of %he community. They have been designed, with respec~ to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, 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 lan~, 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 ~he 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 appropriate use of land throughout ~he community. Section 7. This ordinance shall be cumulative of all other ordinances of the Ci%y affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in ~irect conflict with the provisions of this ordinance. Section 8. That the terms and provisions of this ordinance shall be deemed ~o be severable and that if the validity of the zoning affecting any portion of the trac~ or tracts of land described herein shall be declared ~o b~ invalid, the same shall no~ affect ~he validity of the zonin~ of the balance of the tract or tracts of land described herein. Section 9. Any person violating any of %he 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 upon each day during or on which a violation occurs or continues. Section 10. The fact that the presen~ zoning ordinances and regulations of the Ci%y are inadequate ~o properly safeguard ~he health, safety, morals, peace and general welfare of the inhabitants of the City crea~es an emergency for the immediate preservation of the public business, proper~y, health, safety and general welfare of the public which requires ~hat ~his ordinance shall become effective from and after the da~e of its final passage and publication as provided by law, and it is accordingly so ordained. ~ PASSED AND APPROVED this ~/~ day of ~ - , 1991. lam W~. M~n~ng, Ma~ ATTEST: Patti A. Hicks, Ci~ty Secretary [ SEAL ) EXHIBIT "A" ~ -%.