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HomeMy WebLinkAboutOrdinance No. 02-1363 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING PLANNED DEVELOPMENT ORDINANCE NO. 97-973 BY APPROVING A SITE PLAN FOR LOTS 1R1 AND 1R2, BLOCK 1 OF THE SPOTLESS ADDITION, LOCATED IN THE T. WILSON SURVEY ABSTRACT NO. 1352 LOCATED IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS; PROVIDING FOR A MUFFLER SHOP ON LOT 1R2, PROVIDING FOR 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 owners of the said tract of land (the "Land"), generally described as lots 1R1 and 1R2, Block 1 of the Spotless Addition, located in the T. Wilson Survey Abstract NO. 1352 located in the City of The Colony, and shown on a site plan, Exhibit "A" attached hereto and incorporated herein, filed an application with the City of The Colony, Texas (the "City") Planning and Zoning Commission requesting a zoning amendment in accordance with Section 24, Appendix A-Zoning of the City's Code of Ordinances as amended; 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 site plan, Exhibit "A" attached hereto and incorporated herein; 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 Site plan is in the best interests of the City of The Colony, Texas, and of the public health, safety and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Incorporation 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. Site plan. That the Site plan labeled Exhibit "A" attached hereto and incorporated herein, is hereby approved; and Section 3. Applicable regulations. That all development standards and conditions of the Planned Development Ordinance 97-973 dated 5th May, 1997, and where applicable, regulations contained in the Comprehensive Zoning Ordinance, and other ordinances and regulations of the City shall apply to the subject tract. Section 4. Purpose. That the approval of the Site plan 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. Section 5. 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 6. 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 fined, 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 7. Severabili _ty. 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 8. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSEDt~ND APPROVED by the City Council of the City of The Colony, Texas this /~ day of .~?1o_.(I ,2002. r~"~PROVED: ~enville-Shannon, ~ - ATT~E~F: ~, Mayor Patti A. Hicks, TRMC, City Secretary e el, C,ty .~:;~&/¢'