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HomeMy WebLinkAboutOrdinance No. 18CITY OF THE COLONY ORDINANCE NO. 0694? AN ORDINANCE CREATING TEMPORARY EMERGENCY ZONING IN THE CITY OF THE COLONY, TEXAS, AND PROVIDING A PENALTY FOR THE VIOLA- TION HEREOF. WHEREAS, the City Council on May 16, 1977 passed and approved an ordinance establishing a City Planning and Zoning Commission for the City of the Colony, Texas in order to avail itself of the power conferred by Articles 101la- 1011j, Vernons Annotated Texas Civil Statutes, relating to zoning; and WHEREAS, on the same date, the City Council appointed several citizens to the Zoning Commission to act also as a Planning Commission, said commission being thereafter known as the "Planning and Zoning Commission"; WHEREAS, the Planning and Zoning Commission has had several meetings and study sessions and is in the process of formulating and recommending to the City Council for its adoption a City Plan for the orderly growth and development of the city and its environs and is in the process of form- ulating a Zoning Plan to carry out the goals of the City Plan; and WHEREAS, the Planning and Zoning Commission is seeking to accomplish its purpose of guiding and aiding in the accomplishment of a coordinated, adjusted and harmonious development of the city and its environs, including the implementation of a comprehensive Zoning Ordinance, which will, in accordance with the present and future needs, best promote health, safety, morals, order, convenience, pros- perity and general welfare, as well as efficiency and econo- my in the progress of development; and WHEREAS, all property or buildings upon property or buildings being built upon property within the city limits of The Colony, Texas, is presently residential, except for certain specific areas within the city limits including but not limited to areas or structures commonly referred to as: the Stop -N -Go Market, the First Baptist Church, the Fire Department, the Methodist Church, the various MUD Facilities, Camey Elementary School, the Toddler's Park and land set aside for future park development. WHEREAS, there is presently a five acre tract located in the area bounded on the west by Blair Oaks Boulevard, north by Clover Valley Drive and on the east by TP&L Easement with- in the city limits of The Colony, Texas, commonly known as "the Davis Farm", which is not included in the property governed by the deed restrictions presently on property located within the City of The Colony, Texas; and WHEREAS, such five acre tract is being studied present- ly by the Planning and Zoning Commission for designation for use as residential property in keeping with a coordinated, adjusted, and harmonious development of the city which will in accordance with the present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare; and WHEREAS, there are presently no zoning ordinances governing the use of property in the City of The Colony, Texas; and WHEREAS, the City Council of The Colony, Texas desires to maintain the residential character and development of the City of The Colony, Texas as presently constituted; and WHEREAS, it is necessary that temporary zoning regula- tions be provided until permanent zoning can be promulgated after completion of the study by the Planning and Zoning Commission. WHEREAS, notice was given in accordance with the Texas Statutes and a public hearing was held for the purpose of discussing this ordinance, said public hearing being held more than 15 days after the posting of the notice of said public hearing. TEMPORARY EMERGENCY ZONING ORDINANCE Page Two NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE COLONY, TEXAS: SECTION 1. That all property presently located within the city limits of the City of The Colony, Texas is deemed "residential" and is to be used only for residential purposes with the exception of the present uses that certain proper- ties are being used, specifically including the following: Name (1) Stop -N -Go (2) First Baptist Church (3) Fire Department (4) Methodist Church (5) MUD Facility (elevated tank) (6) Private Property (Davis Farm) (7) Camey Elementary School (8) MUD Facility (under- ground storage tank) (9) MUD Treatment Plant (10) Toddler's Park Description (Area Bounded By) West by Hwy 423, North by Colony Boulevard, East by Branch Hollow Drive West by Branch Hollow Drive, North by Colony Boulevard West by Blair Oaks Boulevard, South by Avery Lane East by Paige Road, South by Avery Lane East by TP&L Easement, South by Clover Valley Drive, and East end of Crutchberry Place West by Blair Oaks Boulevard, North by Clover Valley Drive, East by TP&L Easement North by Colony Boulevard, East by Blair Oaks Boulevard, South by Arbor Glen Road, West by TP&L Easement West by Hwy 423, North by (a) paved county road and (b) Southwestern Bell Building Northwest corner of City limits adjacent to City of Eastvale North by Colony Boulevard, West by Alta Oaks Lane, East by Blair Oaks Boulevard (11) Open Space for Future South of Nash Drive, East of 423 Park SECTION 2. No existing building within the City of The Colony, Texas shall be altered, remodeled, or built on to, except for use for the purpose to which the building is presently being used. 1 TEMPORARY EMERGENCY ZONING ORDINANCE Page Three SECTION 3. That the continuation of residential construction should be permitted and that the initiation of new construction for residential purposes should be continued and permitted in accordance with the general plans and specifications of residences already built in the City of The Colony, Texas, and in accordance with the general plans and specifications for homes presently being built in the City of The Colony, Texas, created by Fox & Jacobs Company. SECTION 4. Any proposed variance from the aforementioned zoning must be submitted to the City Council for approval by a majority vote. SECTION 5. That anyone violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined any sum not less than $1.00 and not to exceed $200.00, and each day such violation shall exist, or be permitted, shall constitute a separa#e offense. SECTION 6. The City Council of the City of The Colony, Texas hereby declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of The Colony, Texas that it would have passed all other portions of this ordinance independent of the elimination herefrom of such portion as may be declared invalid. SECTION 7. Since the City of The Colony, Texas has no adequate ordinance relating to zoning, the City of The Colony, Texas declares an emergency and a public necessity and this ordinance shall be in full force and effect from and after its passage, approval and publication. SECTION 8. This Ordinance is for the General Welfare. TEMPORARY EMERGENCY ZONING ORDINANCE Page Four PASSED AND APPROVED ON THIS—,,, DAY OF &I; C./ ✓ �, A.D., 1977. yor of the City of The Colony, Texas ATTEST: City Secretary ( S E A L ) TEMPORARY EMERGENCY ZONING ORDINANCE Page Five