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HomeMy WebLinkAboutOrdinance No. 828 ORIGINAL AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS AND BEING KNOWN AS 7608 NORTH MAIN STREET, THE COLONY, DENTON COUNTY, TEXAS; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM LIGHT COMMERCIAL (LC) TO HEAVY COMMERCIAL (HC); REQUIRING DEVELOPMENT OF THE TRACTS TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND ORDINANCES OF THE CITY; CORRECTING THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; 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 ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITrED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, a change in the classification of a zoning district has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A", attached hereto and incorporated herein for all purposes, which property lies within the corporate limits of the City of The Colony, Texas (the "City"); and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the City for its recommendation and report; and 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 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 best 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, subsections, 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 ailowed use of the tract of land situated at 7608 North Main Street, The Colony, Denton County, Texas, presently zoned Light Commercial (LC), is hereby changed to "HC" Heavy Commercial. Section 3. The City Manager of the City is hereby directed to correct the official zoning map of the City to reflect the change in zoning described herein. Section 4. That 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 the granting of this zoning change. Section 5. That in all other respects, the use of the tract or tracts of land herein- described shall be subject to all the applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. Section 6. 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 community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to 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 land, to avoid undue concentration of popnlation; 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 the 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 most appropriate use of land throughout the community. Section 7. 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 which are in direct conflict with the provisions of this ordinance. Section 8. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 9. Any person violating any of the 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 present zoning ordinances 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 its final passage and publication as provided by law, and it is acco~l~ngly so ordained. ~' ~ · PASSED AND APPROVED this .~_~ay oiL, ~d~'&-~ , 1993 William W. Manning, Mayor <~ ATTEST: Patti A. Hicks,~Tl~MC, Secretary [SEAL) APPROVED AS TO FORM: