HomeMy WebLinkAboutOrdinance No. 00-1205 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. DC)'! o905
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 OPEN
STORAGE WITH VISUAL SCREENING ON A TRACT OF
13.42 ACRES, BEING LOT 3, BLOCK A, HOME DEPOT
CENTER ADDITION AND LOCATED ON THE NORTH
EAST CORNER OF PAIGE ROAD AND SH 121, IN THE
CITY OF THE COLONY AND ZONED PLANNED
DEVELOPMENT PD-16 FOR GENERAL RETAIl, "GR" AND
BUSINESS PARK "BP" USES; 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 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 owner of the 13.42 acre tract of land being Lot 3, Block A, Home Depot
Center Addition, situated in the B.B.B. and C.R.R. Survey Abstract NO. 173, £11ed an application
with the Planning and Zoning Commission requesting a Specific Use Permit to provide open
storage with visual screening as part of the Home Depot Home Improvement Store 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, the 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.
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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. Rezoning. The Comprehensive Zoning Ordinance of the City, Ordinance
No. 61, dated June 4,1979, the same being Appendix A-Zoning of the Code of Ordinances of the
City, is hereby amended and changed as follows:
A. The zoning on the 13.42 acre tract of land, being lot 3, Block A, Home Depot
Center Addition, a subdivision within the City of The Colony, Denton County, Texas, and
generally located on the northeast corner of Paige Road and SH 121, which tract is zoned Planned
Development PD-16 for General Retail "GR" and Business Park "BP" uses, is hereby amended
and changed by granting a Specific Use Permit to allow open storage with visual screening.
Section 3. Site plan. The Site Plan for the proposed Home Depot Home Improvement
Center showing open storage areas and visual screening with a combination of landscaped berms
and masonry walls and is hereby approved and incorporated herein as Appendix "A" 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, Ordinance #99-1129 establishing PD-16, the Comprehensive Zoning
Ordinance, and all other applicable Ordinances of the City.
Section 4. Zoning map. The Director of Planning and Development is hereby directed
to mark and indicate on the official Zoning District Map of the City to reflect the zoning change
herein made.
Section 5. Applicable regulations. In all respects the said tract and all development
thereon shall be subject to the standards, terms and conditions of the Site Plan, all applicable
regulations contained in the Comprehensive Zoning Ordinance, and all other applicable and
pertinent ordinances and regulations of the City.
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.
Section 7. 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. 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 f'med,
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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 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 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 10. Effective date. This Ordinance shall become effective from and after its
date of adoption and publication as provided by law.
_ PASSED A]5ID, APPRI~VED by the
''"~.._. , 2000. City Council of the City of The~xlony, Texas this
the
day
of
M~yor Pro-tem
ATTEST:
City Secretary,
City of The Colony, Texas
APPROVED AS TO FORM:
City Atto~yd "
City of The Colony, Texas
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