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HomeMy WebLinkAboutOrdinance No. 01-1315 CITY OF THE COLONY, TEXAS ORDINANCE NO. O ],- I 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 100 FEET MONOPOLE WIRELESS COMUNICATIONS ANTENNA FACILITY AT LOT 1, BLOCK 1, WALMART ADDITION, IN THE CITY OF THE COLONY AND ZONED GENERAL RETAIL "GR" ZONING DISTRICT CLASSIFICATION; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; 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 SERVERABILITY 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 1,841 sq. ft. tract of land more particularly described as a portion of Lot 1, Block 1, Walmart Addition, situated in the City of The Colony, Texas, filed an application with the Planning and Zoning Commission requesting a Specific Use Permit to install and operate a 100 feet monopole wireless communications antenna facility 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, ~he 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 of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: -1- Section 1. Incorporation of premises. The above and foregoing premises are tree and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Specific Use Permit. The Comprehensive Zoning Ordinance of the City, Ordinance No. 61, dated June 4, 1979, as amended, the same being Appendix A- Zoning of the Code of Ordinances of the City, is hereby amended by approving and granting a Specific Use Permit to install and operate a 100 feet monopole wireless communications antenna facility on a 1,841 sq. ft. tract of land being a portion of the Lot 1, Block 1, Walmart Addition and shown on a site plan attached hereto and incorporated herein as Exhibit "A". Section 3. Conditions. The approval of the Specific Use Permit granted herein shall be and is subject to the following conditions: A. The 100 feet monopole wireless communications antenna facility shall be located without any encroachment on a city or utility easement. B. A permit is required for installation of the said monopole facility. C. The monopole facility and related equipment shall be in full compliance with all applicable federal, state and local regulations. Section 4. Site plan. The Site Plan showing the location of the 100 feet monopole wireless communications antenna facility is approved and is hereby incorporated into and made a part of this Ordinance. The development and use of the said tract shall be in accordance with the Site Plan, this Ordinance, the ordinance adopting the General Retail "GR" zoning district classification, the Comprehensive Zoning Ordinance, and all other applicable ordinances of the City. Section 5. Zoning map. The Planning Director is hereby directed to mark and indicate on the official Zoning District Map of the City to reflect the zoning change herein made. 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. Section7. 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. Penal_ty. 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 ($2000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. -2- 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 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 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 of The Colony, Texas this the ! ~ ~t~l::O~ ,20,01. AT~zS-f: /~ Bem~t~a~Henvil~-Shhnnon, Mayor - Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: ~5ff6n Hikel, Cit~ ,~tf0mey -3-