HomeMy WebLinkAboutOrdinance No. 03-1467 CITY OF THE COLONY, TEXAS
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 DANCE STUDIO LOCATED AT 6805
MAIN STREET, # 180 AND SITUATED ON THE NORTHWEST
CORNER OF MAIN STREET AND NORTH COLONY BOULEVARD,
IN THE CITY OF THE COLONY AND ZONED SHOPPING CENTER
"SC" ZONING DISTRICT CLASSIFICATION; 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 Ballet Plus filed an application with the Planning and
Zoning Commission requesting a Specific Use Permit to operate a dance studio inside an
existing building, 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 heatings 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.
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. A Specific Use Permit to operate a dance studio in an existing building
situated at Suite #180, 6805 Main Street and located on the northwest
comer of Main Street and North Colony Boulevard and zoned Shopping
Center "SC" zoning district classification.
B. The use and operation of the said Danoe Studio is subject to the following
condition.
1. The proposed development must comply with the International
Building Codes and other applicable City Ordinances before a
Certificate of Occupancy is issued.
Section 3. Zoning map. The Director of Planning and Development Services
is hereby directed to mark and indicate on the official Zoning District Map of the City to
reflect the zoning change herein made.
Section4. Applicable regulations. In all respects the said tract and all
development thereon shall be subject to the standards, terms and conditions of the Floor
Plan, all applicable regulations contained in the Comprehensive Zoning Ordinance, and all
other applicable and pertinent ordinances and regulations of the City.
Section 5. 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 6. 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 7. 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 8. 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 9. 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~tay of ~_~_..~_-,.-. ,2003
City Secretary,
City of The Colony, Texas
APPROVED AS TO FORM:
of The Co