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HomeMy WebLinkAboutOrdinance No. 159 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO SPECIFIC USE PERMIT FOR A MICROWAVE RECEIVING TOWER PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of The Colony, and the City Council of the City of The Colony, in compliance with the laws of the State of Texas, and with the provisions of the Compre- hensive Zoning Ordinance of the City of The Colony, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof, and after such hearings, the governing body of the City of The Colony is of the opinion that the zoning change should be granted, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas, be, and the same is hereby, amended by amending the Zoning District Map of the City of The Colony so as to change the following described property to "SC" Shopping Center District Classification subject to a Special Use Permit (13) for a microwave receiving tower, said property being more particularly described as follows: Being a tract of land situated in the B.B.B. & C. R.R. Survey, Abstract No. 173 in the City of The Colony, Denton County, Texas, and being more particularly described as follows: COMMENCING at a point in the north line of Colony Blvd. (100 ft. ROW), said point also being in the east line of FM 423 (90 ft. ROW); THENCE N 00 degrees 07' 50" E, 396.88 along said east 90 foot right of way line; THENCE N O0 degrees 27' 50" E, 511.13 to the Place of Beginning; THENCE FROM THE PLACE OF BEGINNING N 00 degrees 27' 50" east, 434.76 feet; THENCE N 00 degrees 25' 30" east, 39.01 feet; THENCE S 66 degrees 21' 4" east, 710.00 feet; THENCE S O0 degrees 00' 18" east, 188.90 feet; THENCE S 89 degrees 59' 42" west, 654.20 to the Place of Beginning and containing 4.968 acres of land. SECTION 2. That the herein described property shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of The Colony as amended herein by the granting of this Special Use Permit. SECTION 3. That all ordinances of the City of The Colony 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 The Colony not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. 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 and, upon conviction in the Municipal Court of the City of The Colony, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each o-fense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect irmmediately from and after its passage and the publication of the caption as the law and charter in such cases provide. THIS ORDINANCE WAS READ AND PASSED IN AN OPEN MEETING OF THE CITY COUNCIL ON THE/~'~ DAY OF ~j~.~_.. , 1981. APPROVED: ATTEST: JAI~¢E CARROLL, CITY SECRETARY A~ROV~D AS TO LEGALITY O~ THE FORM: ROBERT L. DILLARD, III