HomeMy WebLinkAboutResolution No. 2010-031
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A VARIANCE TO THE SUBDIVISION
ORDINANCE CONCERNING RIGHT-OF-WAY DEDICATION FOR
LEBANON ROAD, AS GENERALLY DEPICTED IN EXHIBIT A OF
THIS RESOLUTION; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 16.5 of The City of The Colony, Texas, Subdivision Ordinance
provides that the Planning and Zoning Commission may consider a request for a variance from the
subdivision ordinance of the City and forward a recommendation to the City Council for its review;
and
WHEREAS, Section 16.5 of the Subdivision Ordinance also provides that " [i]n
considering a variance request the planning and zoning commission and the city council shall
consider whether or not the evidence presented in each specific case is sufficient to show that: (a)
The granting of the variance will not be detrimental to the public safety, health, or welfare or
injurious to other property; (b) The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not applicable generally to other
property; (c) Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as distinguished from
a mere inconvenience, if the strict compliance with the subdivision ordinance is required; and (d)
The special or peculiar conditions upon which the request is based did not result from or were not
created by the act or omission of the owner or any prior owner, subsequent to the date of creation of
the requirement from which the variance is sought; and
WHEREAS, the owners and developers of the Old American Golf Clubhouse facility
have requested a variance from the requirements of dedicating right-of-way for Lebanon Road, as
generally depicted in Exhibit A of this Resolution, which is attached hereto and incorporated herein
for all purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the City Council of the City of The Colony, Texas, finds and
determines and hereby grants a variance to the Subdivision Ordinance requirements pursuant to
Section 16.5 of said Ordinance regarding the dedication of right-of-way for Lebanon Road, as
generally depicted in Exhibit A of this Resolution.
SECTION 2. That the City Council of the City of The Colony, Texas, makes the
following findings and determinations:
(a) not dedicating right-of-way for Lebanon Road, as generally depicted in Exhibit A
of this Resolution, will not be detrimental to the public safety, health, or welfare or injurious to
other property;
(b) the conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other property because
of the unique condition that the right-of-way dedication would be located within the United States
Army Corp of Engineers property;
(c) because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as distinguished from
a mere inconvenience, if the strict compliance with the subdivision ordinance was required; and
(d) the special or peculiar conditions upon which the request is based did not result from
or were not created by an act or omission of the owner or any prior owner, subsequent to the date of
creation of the requirement from which the variance is sought.
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declares it would have passed such
remaining portions of this Resolution despite such invalidity, which remaining portions shall remain
in full force and effect.
SECTION 4. This Resolution shall become effective immediately upon its passage.
PASSED AND APPROVED BY TH ,,)CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of 2010.
6-
J e McCou Mayor
ATTEST-
F ! 4
Christie Wilson, City Secretary
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APPROVED AS TO FORM:
r { i
J,Qff Moore, City Attorney
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I I NOTES: \ 1
EXHIBIT A