HomeMy WebLinkAboutOrdinance No. 904 ORIGINAL
CITY OF THE COLONY~ TEXAS
ORDINANCE NO. 904
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS AMENDING THE COMPREHENSIVE ZONING
ORDINANCE AND ESTABLISHING SPECIAL USE
PERMIT NUMBER 53; PROVIDING FOR A MINI-
STORAGE WAREHOUSE AND NIGHT WATCHMANS
QUARTERS UPON PROPERTY CURRENTLY ZONED
FOR THE GENERAL RETAIL (G-R)DISTRICT~ LOCATED
NORTH OF THE NORTHEAST INTERSECTION OF
COUGAR ALLEY AND F.M. 423 (MAIN STREET);
AMENDING THE OFFICIAL ZONING MAP; PROVIDING
FOR A PENALTY~ SAVINGS~ SEVERABILITY AND AN
EFFECTIVE DATE.
WTIEREAS, at its regular meeting held on the 12th day of September, 1995, the
Planning and Zoning Commission did consider and make recommendations on a certain
request for a Special Use Permit (Case No. 09-95SUP1).
WHEREAS, the City Council, after determining all legal requirements of notice
and hearing have been met, has further determined the following amendment to the
zoning laws would provide for and would be in the best interest of the health, safety,
morals, and general welfare:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1.
That Special Use Permit 53 is hereby established for a certain 3.671 acre tract of
land located north of the northeast intersection of Cougar Alley and F.M. 423 (Main
Street) situated in the Thomas C. Wilson Survey, Abstract No. 1352, Denton County,
Texas, and more specifically described on the attached Exhibit "A", providing for the
following use:
Mini-Storage Warehouse and Night Watchmans Quarters
ORDINANCE NO. 904
Mini-warehouse-SUP 53
Cougar Alley @ 423
Section 2.
That development shall be in conformance with the Site Plan, attached hereto as
Exhibit "B".
Section 3.
That development shall be in accordance with the following special conditions,
restrictions and regulations:
1. Pole mounted lighting shall be prohibited.
2. With the exception of buildings J, K, L and M., Phase I of the development
shall be construction in its entirety to the issuance of a Certificate of
Oceupanc3, (CO) for the development.
3. The exterior finish of the entire facility shall be constructed of brick.
That the Official Zoning Map is hereby amended to reflect the action taken
herein.
Section 4.
Penalty Clause
That any person, firm or corporation violating a provision of this ordinance, upon
conviction, is guilty of a misdemeanor and shall be subject to a fine in a sum not to
exceed Two Thousand Dollars ($2,000.00) for each offense and separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 5.
Severability Clause
That the provisions of this ordinance, if held invalid or unconstitutional by a
Court of competent jurisdiction, shall not affect the validity of the remaining portion of
this ordinance; and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity, which remaining portions
shall remain in full force and effect.
Section 6.
Savings Clause
That Ordinance No. 61, otherwise known as the Comprehensive Zoning
Ordinance, as amended, shall remain in full force and effect.
ORDINANCE NO. 904
Mini-w~rehouse-SUP 53 2
Cougar Alley ~ 423
Section 7.
That this ordinance shall become and be effective on and after its adoption.
PASSED AND APPROVED this the 16th day of October, 1995.
William W. Manning, Mayor Q~
ATI'EST:
Patti A. Hicks, TRi¢IC, City Secretary
[SEA~I
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney Samuel D. Chavez, City Planner
ORDINANC~ NO. 904
Mini-wa~house-SUP 53 3
Cougar Alley ~ 423
EXHIBIT A
Being a 3.671 acre tract of land situated in the THOMAS C. WILSON SURVEY,
ABSTRACT NO. 1352, in the City of the Colony, Denton County, Texas and being a
portion of that certain 183.665 acre tract and a portion of a 19.708 acre tract of land
described in correction deed to CENTEX DEVELOPMENT COMPANY, L.P., as
recorded in Volume 2418, Page 201 of the Deed Records of Denton County, Texas said
3.671 acre tract being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod capped "CARTER & BURGESS" found at the
intersection of the northerly fight-of-way of Cougar Alley, a 60 foot public fight-of-way
with the easterly fight-of-way of Farm to Market Road No. 423, a variable width fight-of-
way;
THENCE along the easterly right-of-way of said Farm to Market Road the following
calls;
North 06 degrees 27 minutes 46 seconds West, a distance of95.11 Feet to a 5/8"
iron rod capped "CARTER & BURGESS" found;
North 14. degrees 59 minutes 37 seconds West, a distance of 101.12 feet to a 5/8"
iron rod capped "CARTER & BURGESS" found;
North 06 degrees 27 minutes 46 seconds West, a distance of 25.83 feet to a 5/8"
iron rod capped "CARTER & BURGESS" set for the POINT OF BEGINNING;
North 06 degrees 27 minutes 46 seconds West, a distance of 90.59 feet to a 5/8"
iron rod capped "CARTER & BURGESS" set;
THENCE departing the easterly fight-of-way of said Farm to Market Road No. 423 and
over and across said 19.708 acre tract and said 183.665 acre tract the following calls;
South 89 degrees 56 minutes 04 seconds East, a distance of 263.35 feet to a 5/8"
iron rod capped "CARTER & BURGESS" set;
North 00 degrees 03 minutes 56 seconds East, a distance of 160.00 feet to a 5/8"
iron rod capped "CARTER & BURGESS" set;
South 89 degrees 56 minutes 04 seconds East, a distance of 603.84 feet to a 5/8"
iron rod capped "CARTER & BURGESS" set in the northwesterly line ora tract
of land described in deed to the Colony High School, as recorded in Volume 1493,
Page 814 of the Deed Records of Denton County, Texas;
THENCE South 24 degrees 36 minutes 04 seconds West, along the northwesterly line of
said school tract, a distance of 274.82 feet to a 5/8" iron rod capped "CARTER &
BURGESS" set;
THENCE North 89 degrees 56 minutes 04 seconds West, over and across said 19.708
acre tract and 183.665 acre tract, a distance of 742.78 feet to the POINT OF
BEGINNING and containing 3.671 acres of land, more or less.
F.M. 423 -**~ ~*