HomeMy WebLinkAboutOrdinance No. 03-1501 CITY OF THE COLONY, TEXAS
ORDINANCE NUMBER _/'_) ~ ~- /~_~'-D /
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
THE OFFICIAL ZONING MAP; PROVIDING FOR A CHANGE IN ZONING
FROM GENERAL RETAIL "GR" ZONING DISTRICT CLASSIFICATION TO
HEAVY COMMERCIAL "HC" ZONING DISTRICT CLASSIFICATION ON A
0.276 ACRE TRACT OF LAND DESCRIBED HEREIN; AND PROVIDING
FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, at its regular meeting held on the 28th day of October, 2003, and for which notice
was given and a public hearing held in accordance with law, the Planning and Zoning
Commission did consider and make a recommendation for denial to the City Council on a request
for a change of zoning from General Retail "GR" to Heavy Commercial "HC" zoning district
classification.(Case No. 2003-Z002); and
WHEREAS, the City Council, after determining all legal requirements of notice and hearing have
been met, has further determined the following amendment to the zoning laws would provide for
and would be in the best interest of the health, safety, morals, and general welfare of the residents
of the City of The Colony:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION I: That the 0.276 acre tract comprising of Lots 41, 42, 43, and 44, Block 1,
Garza Little Elm Lake Estates, situated in the G. Emberlin Survey Abstract//394 and located
on the west side of Elm Street and South of East Lake Highlands, in the City of The Colony,
Denton County, Texas, is hereby zoned Heavy Commercial "HC" zoning district classification
in accordance with the comprehensive zoning ordinance of the City of The Colony; and
SECTION II: That the Permitted uses shall be all principal and accessory uses which are allowed
by right in the Heavy Commercial "HC" zoning district classification, in accordance with
Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, and shall be
developed in accordance with all applicable regulations of the Heavy Commercial "HC" Zoning
District Regulations and the Comprehensive Zoning Ordinance, as amended, and all other
applicable ordinances of the City.
SECTION Ill: That the Official Zoning Map is hereby amended to reflect the action taken herein.
SECTION IV: Penalty Clause; That any person, firm or corporation violating a provision of this
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ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and separate offense shall be
deemed cormnitted upon each day during or on which a violation occurs or continues.
SECTION V: Severability Clause; That the provisions of this ordinance, if held invalid or
unconstitutional by a Court of competent jurisdiction, shall not affect the validity of the remaining
portion of this 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 VI: Savings Clause; This Ordinance shall be cumulative of all other ordinances of the
City affecting 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 VII: That this ordinance shall become and be effective from and after its date of
passage as provided by law.
PASSED AND APPROVED this the / 7 day of~/~,'r~'-~ 2003.
CITY OF THE COLONY
By: 9~1~_~
Patti A. Hicks, TMRC
City Secretar'
AP~ ~ORM:
Bob Hhger, /~ ~-/
City Attorn~
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