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HomeMy WebLinkAboutOrdinance No. 04-1564 CITY OF THE COLONY, TEXAS 00C ] 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 A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS, AND MORE FULLY DESCRIBED AS 11.045 ACRES BEING LOT 1, BLOCK 1, EDWARD DON ADDITION, ORDERING AN AMENDMENT OF THE PLANNED DEVELOPMENT DISTRICT "PD-10' TO ALLOW FOR AN OFFICE /WAREHOUSE DEVELOPMENT IN ACCORDANCE WITH AN APPROVED SITE PLAN ATTACHED HERETO; PRESERVING ALL OTHER PARTS OF THE PLANNED DEVELOPMENT "PD-10" ORDINANCE AND THE COMPREHENSiVE ZONING ORDINANCE; PROVDING 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 TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, application was made to amend the Zoning on property in the City of The Colony, Texas (the "City") by making application for the same with the Planning and Zoning Commission of the City, 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 The 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 and 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 the 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 heating 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 of 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 in zoning classification 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 if copied in their entirety. Section 2. That Planned Development "PD-10" Ordinance No. 369 dated September 10, 1985, is hereby amended by granting a change in zoning on a tract of 11.045 acres being Lot 1, Block 1, Edward Don Addition, situated in the T. A. Survey Abstract 1344, in the City of The Colony; and that all other sections, subsections, paragraphs, sentences, phrases and words of said Planned Development Ordinance and the Comprehensive Zoning Ordinance are not amended, but shall remain intact and are hereby verified, ratified, approved and affirmed: Section 3. That the allowed use of the Property, being a 11.045 acre tract more fully described as Lot 1, Block 1, Edward Don Addition, situated in the T. A. Survey Abstract 1344, located in the City of The Colony; is changed to allow an office/warehouse development in accordance with a site plan, landscape plan, and elevation drawing, which are attached hereto and incorporated herein as Exhibits "A," "B," and "C," respectively. Section 4. That the herein described property shall be used in the manner for the purpose provided by the Comprehensive Zoning Ordinance as amended herein by the granting of this planned development. Section 5. That the City Manager of the City is hereby directed to modify the official zoning map of the City to reflect the herein change in zoning. Section 6. That in all other respects of the tract or tracts of land hereinabove 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 7. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan (the "Comprehensive Plan") of the City for the purpose of promoting the health, safety, morals and the general welfare of the community. These regulations and districts have been created, with respect to both present conditions and conditions reasonably anticipated to exist in the foreseeable future, for the purposes of lessening congestion in the streets; security safety from fire, panic, flood and other dangers; providing adequate light and air; preventing overcrowding of land, avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and making adequate provisions for the normal business, conunercial needs and development of the community. In establishing said regulations and districts, reasonable consideration has been given to, among other considerations, the character of the district, and its peculiar suitability for particular land uses, and a view toward conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 8. This PD 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 PD Ordinance. Section 9. If any section, article, paragraph, sentence, clause, phrase or word in this PD 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 the 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 10. 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 find in a sum not to exceed One Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 11. 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 its final passage and publications as provided by law, and it is accordingly so ordained. PASSED AND .~P~PROVE~ bylthe City Council of the City of The Colony, Texas this the_ day of /,~ i5~ A:Jv'I~-~, 2004 ATTEST: Christie Wilson City Secretary APPROVED AS TO FORM: Robert E. Hag'e3 ~ City Attorney EXHIBIT "A" EXHIBIT "B" Volu~e 2548, Pege 775 EXHIBIT "C"