HomeMy WebLinkAboutOrdinance No. 868 ORIGINAL
CITY OF THE COLONY, TEXAS
oRDINANCE NO. ?$g
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
GRANTING A CHANGE IN ZONING ON A TRACT OF
LAND LOCATED WITHIN THE CITY OF THE COLONY,
TEXAS, AND MORE FULLY DESCRIBED HEREIN;
AMENDING SECTION 2 OF ORDINANCE 369; AMENDING
SECTION 2 OF ORDINANCE 382 RELATING TO MULTI-
FAMILY RESIDENTIAL DEVELOPMENT, WITH THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; PROVIDING THAT THE DEVELOPMENT
CONDITIONS SHALL BE CONDITIONS PRECEDENT TO
THE GRANTING OF A CERTIFICATE OF OCCUPANCY;
CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PARTS OF THE
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 FOR A PENALTY NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS
($1,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITI~ED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, application was made to amend thc official Zoning District Map of the
City of The Colony, Texas (the "City") by making application for the same with the Planning
and Zoning Commission of the City of The Colony, Texas, as required by State statutes and
the Zoning Ordinance of the City and all the legal requirements, conditions and
prerequisites having been complied with, the case having come before the City Council of
the City of Thc Colony, Texas; 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 zoning should be granted or denied: safety of the motoring public
and pedestrians; safety from fire hazards and measures for fire control; protection of
property from flood or water damages, noise producing elements and glare of vehicular and
stationary lights ad effect of such lights on the 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; adequacy of parking as determined by requirements of this ordinance for off-
street loading spaces, and protection of public health by surfacing on all parking areas to
control dust; effect on the promotion of health and the general welfare; effect on light and
air; the effect on the overcrowding of the land; the effect on the concentration of
population; the effect on the transportation, water, sewerage, schools, parks and other
facilities; and
WHEREAS, the City Council of the City of The Colony, Texas, at a public hearing
called by the City Council of the City of The Colony, Texas, did consider the following
factors in making a determination as to whether this requested zoning should be granted or
denied; effect on the congestion of the streets, the fire hazards, panic 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 overcrowding 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 further considered
among other things the character f the districts and their peculiar suitability for particular
uses and 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 zoning change, that the public demands it, that the public
interest clearly requires the amendment, that the zoning change 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, does find that the
zoning lessens the congestion in the streets, helps secure safety from fire, panic and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents
the overcrowding of land; avoids undue concentration of population; facilitates the adequate
provisions of transportation, water, sewerage, schools, parks and other public requirements;
and
WHEREAS, the City Council of the City of The Colony, Texas has determined that
there is a necessity and need for the change in zoning and has also found and determined
that there has been a change in the condition of the property surrounding and in close
proximity of the tract of land requested for a change since the tract of land was originally
classified and therefore feels that the respective changes for the tract of land are needed,
are called for, and are in the best interest of the public at large, the citizens of the City, and
help promote the general health, safety and welfare of the 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 ff copied in their entirety.
Section 2. That Section 2 of ordinances 369 and 382 of the City of The Colony, Texas (the "City"),
be and the same are hereby amended in the following particulars, and that all other sections, subsections,
paragraphs, sentences, phrases and words of said Comprehensive Zoning Ordinance are not amended, but
shall remain intact and are hereby verified, ratified, approved and affirmed:
A. ". .......... .provided that for each tract developed with "MF-2" uses within two-hundred fifty (250) feet from
Springcreek Parkway, Piano Parkway, and the projected east-west six-lane divided major thoroughfare
planned for the property development of an equivalent area of the property described herein shall be
limited to "BP" Business Park District classification uses other than "MF-2". In the event there has been
no site plan approval or construction activity on the property, within 3 years from the approval date of thi~
ordinance, the City Council reserves the right to call a public hearing for the purpose of reconsideration
of the specific details of this section. Construction shall be defined as on-site ground breaking and
excludes any major civil off-site improvements.
Section 3. That the City Manager of the City is hereby directed to correct the official zoning map
of the City to reflect the herein change in zoning.
Section 4. That in all other respects of the tract or tracts of land herein-above described shall be
subject to all applicable regulations contained in the Comprehensive Zoning Ordinance of the City and
all other applicable and pertinent ordinances of the City.
Section 5. 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 weffare of the commuuity. They have been designed, with respect to both present conditions and
the conditions reasonable 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 population; to facilitate the adequate provision
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 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, danse, 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; and 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. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in
a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 9. 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 final passage and
publication as provided by law, and it is accordingly so ordained.
PASSED A~ID APPROVED bv the City Council of the City of The Colony, Texas this
the ~ day of ~ 19q__~.
William W. Manning, Mayor \
ATl~EST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
City A t~2c~t c rn e~ e y~y-''~----'-