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HomeMy WebLinkAboutOrdinance No. 99-1151 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, THE SAME BEING APPENDIX A-ZONING OF THE CITY'S CODE OF ORDINANCES, AS AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A TELEPHONE SWITCHING AND TRANSMITTING STATION, SITUATED ON A 712 SQ. FT. TRACT OF LAND BEING A COSERV TELEPHONE EASEMENT, LOCATED IN THE LEGEND CREST PHASE IX DEVELOPMENT AND ZONED PLANNED DEVELOPMENT "PD-14"; REQUIRING COMPLIANCE WITH A SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR A CORRECTION OF THE OFFICIAL ZONING MAP TO REFLECT THE CHANGE MADE HEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the 712 square feet tract of land, being a CoServ telephone easement, located in the Legend Crest Phase IX development and zoned Planned Development "PD-14", filed an application with the Planning and Zoning Commission requesting a Specific Use Permit to operate a telephone switching and transmitting station and an amendment to the official Zoning District Map of the City in accordance with Appendix A-Zoning of the City's Code of Ordinances (the "Comprehensive Zoning Ordinance"); and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the adoption of the amendment to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the City Council has in its legislative discretion concluded that the adoption of this Ordinance is in the best interests of the City of The Colony, Texas and further finds that the proposed use will promote the health, safety, morals and general welfare of the City; -1- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Inco~oration of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. ~. The Comprehensive Zoning Ordinance of the City, Ordinance No. 61, dated June 4,1979, the same being Appendix A-Zoning of the Code of Ordinances of the City, is hereby amended and changed as follows: A. The zoning on the 712 square feet of land, being a CoServ telephone easement, located in the Legend Crest Phase IX development and zoned Planned Development "PD-14" and more fully described in Appendix "A" attached hereto and incorporated herein as part of this ordinance, is hereby amended and changed by granting a Specific Use Permit for a telephone switching and transmitting station. The construction, use and operation of the said telephone switching and transmitting station is subject to the following condition. 1. A chain link fence must be installed around the proposed building. Section 3. Site plan. The Site Plan for the proposed telephone switching and transmitting station, is approved and is hereby incorporated herein as Appendix "B" and made a part of this Ordinance. The use of the said tract and building shall be in accordance with the approved site plan, this Ordinance, the ordinance adopting the Planned Development District "PD- 14", the Comprehensive Zoning Ordinance, and all other applicable ordinances of the City. Section 4. ~. The Director of Planning and Development is hereby directed to mark and indicate on the official Zoning District Map of the City to reflect the zoning change herein made. Section 5. Applicable regulations. In all respects the said tract and all development thereon shall be subject to the standards, terms and conditions of the Site Plan, all applicable regulations contained in the Comprehensive Zoning Ordinance, and all other applicable and pertinent ordinances and regulations of the City. Section 6. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the City for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. -2- Section 7. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 8. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be freed, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 9. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance 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, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 10. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City %.f ,The Colony, Texas this the ~ day of ~'?,~i~_~ . , 1999 ~ ATTEST: -William W. Manning, Mayor, ~k Patti A. Hicks, City Secretary APPROVED AS TO FORM: City~t~rney, City of The Colony, Texas -3-