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HomeMy WebLinkAboutOrdinance No. 99-1130 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE OFFICIAL ZONING MaP; PROVIDING FOR A CHANGE IN ZONING FROM AGRICULTURE "A" TO GENERAL RETAIL "GR" ZONING DISTRICT CLASSIFICATION FOR PROPERTY DESCRIBED HEREIN; AND PROVIDING FOR a PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, at its regular meeting held on the 13ta day of July, 1999, and for which notice was given and a public hearing held in accordance with law, the Planning and Zoning Commission did consider and made recommendations to the City Council on a request for a change of zoning from Agriculture "A" to General Retail "GR" zoning district classification (Case No. 99-Z003); and WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan of the City of The Colony, as amended; and 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 CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the 2.94 acre tract of land located south of the South Colony Boulevard and west of and abutting FM 423 and situated in the B.B.B. and C.R.R. Survey, Abstract No. 173, The Colony, Denton County, Texas, and more specifically described on the attached Exhibit A (two pages), which exhibit is incorporated herein for all purposes, is hereby rezoned fi.om Agriculture "A" to General Retail "GR" zoning district classification in accordance with Appendix A, Zoning, of the Code of Ordinances. Section 2. That the Permitted uses shall be all principal and accessory uses which are allowed by right in the General Retail "GR" Zoning District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations of the General Retail "GR" Zoning District and the Comprehensive Zoning Ordinance, as amended, and all other applicable ordinances of the City. Section 3. 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 provision 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. This Ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this o7~O,O day of ~:~7" ,1999. ATTEST: William W Manning,-~/layo~ w__ Patti A. Hicks, TRMC, CMC/AAE APPROVED AS TO FORM: APPENDIX "A" BEING a portion of a tract of land conveyed to V.J. Etchieson by deed recorded in Volume 623, Page 85, Deed Records, Denton County, Texas, in the B.B.B. & C. Railroad Company Survey, Abstract No. 173, situated in the City of The Colony, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod set with red plastic cap "stamped R.P.L.S. 5199", at the Northeast corner of a 5.876 acre tract of land conveyed to Dats Colony, Ltd., by deed recorded in Volume 4088, Page 766 Deed Records, Denton Count, Texas and being in the west right-of-way line of F.M. Road No. 423 (110' rigt-of-way); THENCE North 89 Degrees, 14 Minutes, 07 Seconds, West, along the north line of said 5.876 acre tract, a distance of 250.00 feet to a 5/8" iron rod with red plastic cap stamped "R.P.L.S. 5199" set at the POINT OF' BEGINNING; THENCE North 89 Degrees, 14 Minutes, 07 Seconds, West, along the north line of said 5.876 acre tract, a distance of 291.42 feet to a 5/8" iron rod with red plastic cap stamped "R.P.L.S. 5199" set for comer; THENCE North 00 Degrees, 22 Minutes, 23 Seconds, East departing north line of said 5.876 acre tract a distance of 236.45 feet to a 5/8" iron rod with red plastic cap stamped "R.P.L.S. 5199" set for comer in the south line of The Colony No. 33 as recorded in Cabinet D, Page 281, Map Records, Denton County, Texas; THENCE South 89 Degrees, 04 Minutes, 11 Seconds, East along the south line of said The Colony No. 33 at a distance of 216.93 feet, passing the southeast comer of said The Colony No. 33 and the southwest comer of Kwik Kar Addition as recorded in Cabinet D, Page 281, Map Records, Denton County, Texas and continuing along said north line and along said Kwik Kar Addition a total distance of 293.94 feet to a 5/8" iron rod with red plastic cap stamped "R.P.L.S. 5199" set for comer; THENCE South 00 Degrees, 59 Minutes, 00 Seconds, West along said west right-of- way line of F.M. Rood No. 423, 235.59 feet to the POINT OF BEGINNING., and conrail.ring 69,077 square feet or 1.586 acres of land, more or less. BEING a portion of a tract of land conveyed to V.J. Etchieson by deed recorded in Volume 623, Page 85, Deed Records, Denton County, Texas, in the B.B.B. & C. Railroad Company Survey, Abstract No. 173, situated in the City of The Colony, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod set with red plastic cap "stamped R.P.L.S. 5199" at the Northeast comer of a 5.876 acre tract of land conveyed to Dats Colony, Ltd., by deed recorded in Volume 4088, Page 766 Deed Records, Denton Count, Texas and being in the west right-of-way line of F.M. Road No. 423 (1101 right-of-way); THENCE North 89 Degrees, 14 Minutes, 07 Seconds, West, along the north line of said 5.876 acre tract, a distance of 250.00 feet to a 5/8" iron rod with red plastic cap stamped "R.P.L.S. 5199" set for comer; THENCE North 00 Degrees, 59 Minutes, 00 Seconds, East departing north line of said 5.876 acre tract a distance of 235.59 feet to a 5/8" iron rod with red plastic cap stamped "R.P.L.S. 5199" set for corner in the south line of Kwik Kar Addition as recorded in Cabinet Pi Page 167, Map Records, Denton County, Texas; THENCE South 89 Degrees, 04 Minutes, 11 Seconds, East along the south line of said Kwik Kar Addition at a distance of 99.00 feet, passing the southeast corner of said Kwik Kar Addition and the southwest corner of Murchison Addition as recorded in Cabinet F, Page 281, Map Records, Denton County, Texas and continuing along said north line and along said Murchison Addition a total distance of 250.00 feet to an iron rod with cap found for comer in the west right-of-way line of F.M. Road No. 423; THENCE South 00 Degrees, 59 Minutes, 00 Seconds, West along said west right-of- way line of F.M. Rood No. 423, 234.87 feet to the POINT OF BEGINNING, and containing 58,807 square feet or 1.350 acres of land, more or less.