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HomeMy WebLinkAboutOrdinance No. 2012-1981 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2012-1981 AN ORDINANCE OF THE CITY COUNCIL 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 GR (GENERAL RETAIL) TO GR-SUP (GENERAL RETAIL- SPECIFIC USE PERMIT) APPROVING A SPECIFIC USE PERMIT ALLOWING OUTSIDE DISPLAY OF VEHICLES ON AN APPROXINIATELY 0.88 ACRE TRACT OR TRACTS OF LAND CONSISTING OF LOTS 77 THROUGH 88 OF THE GARZA LITTLE ELM LAKE ESTATES ADDITION, LOCATED WITHIN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, COMMONLY KNOWN AS 7228, 7300, AND 7320 MAIN STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices by publication and otherwise, and after holding due public hearings and afforded 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 City Council of the City of The Colony, Texas, is of the opinion and finds that Zoning Application No. SUP12-0004 to allow the outside display of vehicles, on the approximately 0.88 acres of land, consisting of Lots 77 through 88 of the Garza Little Elm Lake Estates addition, located within the City of The Colony, Denton County, Texas, and generally located at 7228, 7300, and 7320 Main Street, The Colony, Texas, should be approved, and in the exercise of legislative discretion have conclude 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 General Retail (GR) to General Retail-Specific Use Permit (GR-SUP) to allow the outside display of vehicles on the approximately 0.88 acres of land, consisting of Lots 77 through 88 of the Garza Little Elm Lake Estates addition, located within the City of The Colony, Denton County, Texas, and generally located at 7228, 7300, and 7320 Main Street, The Colony, Texas, and being more particularly described in Exhibit A which is attached hereto and incorporated herein. SECTION 2. That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permit. SECTION 3. That, the Specific Use Permit granted by this Ordinance shall be subject to the requirement that the property for which the Specific Use Permit is issued must actually be used for the use designated within one (1) year from the date of issuance by October 2, 2013. If such designated use is not made of the property within the above-described time period, the City Council reserves the right to initiate a rezone of the property to cancel and revolve this Specific Use Permit. SECTION 4. That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 6. That this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the 2nd day of October, 2012. Joe'McCourryi Mayor ATTES ~~.l t . Christie Wilson, City Secretary t~ APPROVED AS TO FORM: (eff Moore, City Attorney 2 _ 1 E 1 1, ~ 1 1 F ,r , ZnnT6. Ge.erai Retail- _,r-- I .Y ~~JII/~ L POB S 89'.. E 12k9 St L- 7- 'N T A P. F E M F p r A ~I I 1}L-. `IL it I IT 1N Ln CfQ Lor a_ L T 5GINITV I1\P IN NIT i 1 - - ca - LOT ;7-83 BLOCI: 1 i l 0 8 GARZ LITTLE ELL LFrE ESTATLx - - - - r e--r r_ 0 89 ACRES i1 „ 71 7 7 XSTINC-O PROPOSED ZONING LIG O zl COM11N1 PC AL r, i1~ -I st $ LIT Zonin;: Duplex Dlxell.n, I°T 2e I'T 1 LJ- t?r. - LOT 7] z% e Lots 77 thru 88, Block 1 4Yest Er N B9'JY 129.8 Garza-Little Elm Lake Estates ea ~T 0.89 Acres _ In Ile _R P. HARDIN SURVEY, ABSTRACT NO. 611 CITY OF THE COLONY y• Zoding~ Geri~,al Re[all L0' 2' DE ON COUNTY, TEXAS I "XI _ ;f•r .n<< c. ,n~~ . ~ r - . C.O~S~.T~1~T~I~S LLC 12051