HomeMy WebLinkAboutOrdinance No. 07-1742
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07-1742
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 GRANTING A CHANGE IN ZONING FROM I,
(INDUSTRIAL) TO I-SUP (INDUSTRIAL-SPECIFIC USE PERMIT) TO
ALLOW A TEMPORARY CONCRETE BATCH PLANT TO BE
LOCATED NORTH EAST OF THE INTERSECTION OF MAIN STREET
AND OVERLAKE DRIVE ON APPROXIMA TEL Y 2 ACRES, BEING
LOTS 10-18, BLOCK 4 OF THE GARZA LAKE ESTATES ADDITION,
AND MORE COMMONL Y KNOWN AS 4720 OVERLAKE DRIVE;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT "A"; 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.
SUP07 -0004 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 to grant a change in zoning from I,
(Industrial) to I-SUP (Industrial-Specific Use Permit) to allow a temporary concrete batch plant
to be located north east of the intersection of Main Street and Overlake Drive on approximately 2
acres of land, being Lots 10-18, Block 4 of the Garza Lake Estates Addition, and more
commonly known as 4720 Overlake Drive.
SECTION 2. That the above property shall be used 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, and the following Special Conditions:
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A. That the Specific Use Permit be valid and the temporary batch plant shall
be operated for a period of twelve (12) months from the date of passage of
this ordinance.
B. That upon expiration of the Specific Use Permit the property shall be
cleared of all debris, all dirt work leveled and property returned to its
condition prior to location of said batch plant.
C. That the hours of operation of the facility shall be between 8:00 a.m. and
4:00 p.m., Monday through Saturday, with no operation on Sunday.
D. That all stock piles of materials must be regularly watered and covered to
prevent airborne dust and odors.
E. That the Applicant shall obtain, comply, and maintain the required permit
issued by the TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ).
F. That the Applicant shall submit and, upon approval of the City Manager or
designee, implement a traffic control plan due to adverse or hazardous
traffic conditions at the intersection of Overlake Drive and Main Street
(FM 423).
SECTION 3. That the Site Plan, which is attached hereto and incorporated herein as
Exhibit "A," be, and the same is, hereby approved.
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
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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.
DUL Y PASSED by the City Council of the City of The Colony, Texas, this the 5th day
of November. 2007.
APPROVED:
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APPROVED AS TO FORM:
Ro b ert E. H age!
(REH/cdb 10/23/07)
By:
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EXHIBIT A
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