HomeMy WebLinkAboutOrdinance No. 06-1640
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. q)~- /~t{(}
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE
COLONY, TEXAS, AS HERETOFORE AMENDED, BY AMENDING PD-16,
(pLANNED DEVELOPMENT-16) TO PROVIDE FOR THE TEMPORARY USE
OF A CONCRETE BATCH PLANT AT THE LOCATION SHOWN IN EXIDBIT
"A" AND OPERATION OF THE TEMPORARY CONCRETE BATCH PLANT IN
ACCORANCE WITH THE REGULATIONS SHOWIN IN EXIDBIT "B" ;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of The
Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning
Ordinance of the City of The Colony, have given requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons
interested and situated in the affected area and in the vicinity thereof, the said governing body is of the
opinion that Zoning Application No. Z06-0003 should be approved, and in the exercise of legislative
discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The Colony,
Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and
the same is hereby amended by amending PD-16, (planned Development 16) to provide for the use of a
temporary concrete batch plant at the location shown in Exhibit "A" and operation of the temporary concrete
batch plan in accordance with the regulations shown in Exhibit "B"
SECTION 2. Said Planned Development shall be developed and used only in accordance
with Ordinance No. 05-1604, except as amended herein.
SECTION 3. That the above property shall be used and otherwise developed only in the manner
and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as
heretofore amended and as amended herein.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in
conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 7. That any person, firm or corporation violating any of the provisions or terms of this
ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the
City of The Colony, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall
continue shall be deemed to constitute a separate offense.
SECTION 8. That this ordinance shall take effect immediately from and after its passage and the
publication of its caption, as the law and charter in such cases provide.
~ _I)UI,Y PASSED by the City Council of the City of The Colony, Texas, this tbe .::< 713ay of
~(J/l;vy ,2006.
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EXHIBIT "A"
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EXHIBIT "B"
Operational Standards of Temporary Concrete Batch Plant for Phase I of Road Construction
A. Location of said temporary use shall be in accordance with Exhibit "A" which is attached
hereto and incorporated herein.
B. Said use may not occupy more than 1 acre including material stockpiles.
C. Hours of operation shall be between 7:00 am to 7:00 pm, Monday through Saturday.
D. Term of operation shall be six months from passage of ordinance.
E. Lighting: Structure-mounted small area security and/or work lighting, fluorescent, metal
halide, or mercury vapor luminaries, in compliance with Gateway Overlay District glare
standards.
F. Material watering schedule: Stockpiled materials shall be maintained on a daily basis
with water sprinklers atop stockpiles, and supplemented as required with water trucks or
fire hose watering.
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