Planning & Zoning Commission

ORDINANCE AN ORDINANCE OF THE CITY OF DESOTO, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF DESOTO, AS HERETOFORE AMENDED, ARE FURTHER AMENDED BY AMENDING THE USE AND DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT NO. 109 AS SET FORTH IN ORDINANCE NO. 2159-19; PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 of the City of DeSoto, Texas, and the governing body of the City of DeSoto in compliance with the laws of the State of Texas and the Ordinances of the City of DeSoto, have given requisite notice of 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, and in the exercise of its legislative discretion, the City Council has concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESOTO, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of DeSoto, Texas, duly passed by the governing body of the City of DeSoto on the 19th day of August 1997, amending as follows the use and development regulations of Planned Development No. 109 (PD-109) as set forth in Ordinance No. 2159- - A. Section 2.J of the PD-109 Ordinance is amended to read as follows: Permitted Uses in Neighborhood Services District. The following additional uses are permitted by right in Tract One Neighborhood Services District: 1. Adult day care facility; 2. Assisted living facility; 3. Child care/day care facility; 4. Bank, savings & loan, credit union; 5. Continuing care retirement community; 6. Minor medical emergency clinic; 7. Food and beverage store (without gasoline sales); City of DeSoto Ordinance No. ____________ Page 1 of 3 4927-7437-9962, v. 1  8. Hobby shop; 9. Park or playground (Private) non-commercial; 10. Travel bureau or travel consultant; 11. Trophy sales or engraving; and 12. Restaurant or eating place with a drive through window allowed with a Specific Use SECTION 2. That to the extent of any irreconcilable conflict with the provisions of this ordinance and other ordinances of the City of DeSoto governing the use and development of the Property and which are not expressly amended by this ordinance, the provisions of this ordinance shall be controlling. SECTION 3. That all provisions of the Ordinances of the City of DeSoto, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of DeSoto, Texas, not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4. That should any word, 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 invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this Ordinance is governed by the 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 6. 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 DeSoto, 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 7. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provides. City of DeSoto Ordinance No. ____________ Page 2 of 3 4927-7437-9962, v. 1  IT IS ACCORDINGLY SO ORDAINED. City of DeSoto Ordinance No. ____________ Page 3 of 3 4927-7437-9962, v. 1  ORDINANCE AN ORDINANCE OF THE CITY OF DESOTO, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF DESOTO, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING BY GRANTING SPECIFIC USE PERMIT NO. 319 (SUP-319) TO ALLOW FOR LOT 20, BLOCK N, HAMPTON PLACE ESTATES, FOURTH INSTALLMENT, AN ADDITION TO THE CITY OF DESOTO, DALLAS COUNTY, TEXAS (COMMONLY KNOWN AS 1213 HANNA CIRCLE), PRESENTLY ZONED AS SINGLE-FAMILY RESIDENTIAL DISTRICT - 10,000 (SF-10) TO BE USED FOR GARAGE/ACCESSORY DWELLING; PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 of the City of DeSoto, Texas, and the governing body of the City of DeSoto in compliance with the laws of the State of Texas and the Ordinances of the City of DeSoto, have given requisite notice of 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, and in the exercise of its legislative discretion, the City Council has concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESOTO, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of DeSoto, Texas, duly passed by the governing body of the City of DeSoto on the 19th day amended by granting Specific Use Permit No. 319 (SUP-319) to allow for Lot 20, Block N, Hampton Place Estates, Fourth Installment, an addition to the City of DeSoto, Dallas County, Texas, according to the plat thereof recorded in Volume 71177, Page 39, Map Records, Dallas County, Texas (commonly known as 1213 Hanna Circle) , which is presently zoned as Single-Family Residential District - 10,000 (SF-10) to be used for Garage/Accessory Dwelling use. SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Zoning Ordinance, as heretofore amended, and as amended herein, with respect to property located in Single-Family Residential District - 10,000 (SF-10), and if developed and used with a Garage/Accessory Dwelling use, shall be subject to the following conditions: City of DeSoto Ordinance No. ____________ Page 1 of 5 4937-0671-6346, v. 1  (1) The Property shall be developed substantially in accordance A SECTION 3. That to the extent of any irreconcilable conflict with the provisions of this ordinance and other ordinances of the City of DeSoto governing the use and development of the Property and which are not expressly amended by this ordinance, the provisions of this ordinance shall be controlling. SECTION 4. That all provisions of the Ordinances of the City of DeSoto, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of DeSoto, Texas, not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. That should any word, 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 invalid, illegal or unconstitutional, 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 the 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 DeSoto, 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. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provides. City of DeSoto Ordinance No. ____________ Page 2 of 5 4937-0671-6346, v. 1  IT IS ACCORDINGLY SO ORDAINED. City of DeSoto Ordinance No. ____________ Page 3 of 5 4937-0671-6346, v. 1  A SITE PLAN City of DeSoto Ordinance No. ____________ Page 4 of 5 4937-0671-6346, v. 1  A SITE PLAN City of DeSoto Ordinance No. ____________ Page 5 of 5 4937-0671-6346, v. 1