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HomeMy WebLinkAboutOrdinance No. 668 c TY oF COLONY. TEXAS 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, GRANTING A CHANGE IN ZONING ON PROPERTY LOCATED WITHIN THE CITY OF THE COLONY, TEXAS; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM NEIGHBORHOOD SERVICES (NS) TO LIGHT COMMERCIAL (LC) WITH A SPECIFIC USE PERMIT FOR A CONVENIENCE STORE LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE SITE PLAN ATTACHED AS EXHIBIT "A": LOCATED AT 7616 MAIN STREET(FM 423); PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN; CORRECTING THE OFFICIAL 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 A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE 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 bhe classification of a zoning dis~ricl~ has been requested by a person or corporation having a proprietary inberest, in t, he proper~y shown on Exhibit, "A" located a~ 7616 Main S~reet,(FM 423), City of The Colony, Texas; and WHEREAS, bhe Planning and Zoning Commission of t, he Ciby of The Colony, and bhe Cit, y Council of bhe City of The Colony, in compliance wit, h bhe laws of ~he St, at, e of Texas, and wibh t, he provisions of bhe Comprehensive Zoning Ordinance of ~he Cit, y of The Colony, have given ~he requisite notices of hearing ~o all proper~y owners generally and ~o ~he persons interested and sibuared in the affected area and in bhe viciniby [hereof; and WHEREAS, [he City Council finds and debermines tha~ Lhe properby is in an already established subdivision; and WHEREAS, the Ci[y Council finds and debermines ~hab bhe granting of such change in ~he classification of ~he zoning distric~ is in ~he bes~ inberest of ~he public health, safety, morals and general w'eIfare of the Ciby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: concentration of population; to facil iba[e [he adequa[e provisions of [ransporta~ion, waker, sewerage, drainage and surface water, parks and o[her public requiremen[s, and bo make adequate provisions for bhe normal business, commercial needs and developmen[ of bhe communi[y. They have been made wit, h reasonable consideration, among other [hings of [he charac[er of bhe distric[, and ils peculiar suit, abili[y for [he par[icular uses and wibh a view of conserving ~he value of buildings and encouraging [he most appropriabe use of land [hroughoub the community. SecSion 7. This ordinance shall be cumula[ive of all o[her ordinances of ~he Ci[y affec[ing zoning and shall not repeal any of [he provisions of said ordinances excep~ in those instances where provisions of those ordinances which are in dlrec~ conf]ic~ wi[h [he provisions of /,his ordinance. Section 8. That ~he terms and provisions of this ordinance shall be deemed Bo be severable and [ha~ if bhe validi[,y of bhe zoning affec[ing any portion of bhe [rac~ or fracas of land described herein shall be declared [o be invalid, ~he same shall no~ affec~ [he validiby of bhe zoning of [he balance of [he [rac~, or [facts of land described herein. Sec[ion 9. Any person violating any of bhe provisions of [his ordinance shall be deemed guil[y of a misdemeanor and upon convicSion ~hereof shall be fined in a sum no/ ]ess than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00) and a separa[e offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 10. The fac[ thai [he present zoning ordinances and regula[ions of the Ci[y are inadequate Bo properly safeguard bbe health, safeby, morals, peace and general welfare of the inhabi[,an[s of ~he City creates an emergency for the immediate preserva[ion of [he public business, proper~y, heal[h, safe~y and general welfare of [he public which requires ~ha~ ~his ordinance shall become effecSive from and after bhe dale of i[,s final passage and publlca[ion as provided~by law, and it, is accordingly so ordained. PASSED AND APPROVED [his /_~ ~day of ~ , 1990. wtll~am W. Mann~ng, Mayor ATTEST: Patti A. Hicks, it.y Secretary