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Home My WebLink AboutOrdinance No. 99-1124· ' ORI$1NAL CITY OF THE COLONY, TEXAS AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE BEING APPENDIX A-ZONING OF THE CITY'S CODE OF O~INANCES, AS AMENDED, BY G~NTING A SPECIFIC USE PE~IT FOR MINI- WA~HOUSE DEVELOPMENT ON a T~CT OF 2.7936 AC~S, LOCATED ON THE NORTH EAST CO~ER OF COUGAR ALLEY ~D FM 423, IN THE CITY ON THE COLO~ AND ZONED GENE~L ~TAIL "GR" ZONING DIST~CT CLASSIFICATION; ~QUI~NG COMPLIANCE ~TH A SITE PLAN ATTACHED HE,TO AND MADE A PART HE~OF; PRO~DING FOR A CO~CTION OF THE OFFICI~ ZONING MAP TO ~FLECT THE CHANGE M~E HE~IN; PROVIDING A SERVILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, A SEP~TE OFFENSE SH~L BE DEEMED COMMITTED UPON EACH DAY DU~NG OR ON ~ICH A ~OLATION OCCURS OR CONTINUES; PROVIDING A SA~NGS CLAUSE; AND PRO~DING AN EFFECTI~ DATE. WHE~AS, ~e o~er of the 2.7936 acre tract of l~d being the sou~em pa~ of Lot 1R, Block 1, Sec~g~d Addition, situated in ~e Thomas C. Wilson S~ey Abs~act N0. 1352, filed ~ applicmion ~th the Pl~ing ~d Zoning Co~ission requesting a Specific Use Pe~it to operate a mini-w~ehouse ~d ~ men~ent to the official Zoning Dis~ict Map of ~e City in accord~ce with Appendix A-Zoning of ~e City's Code of Ordin~ces (~e "Comprehensive Zoning Ordin~ce"); and ~E~AS, aaer public notices were given in compli~ce wi~ State law ~d public he~ings were conducted, and aRer considering the info~ation submiaed at the said public he~ings ~d all other relevant info~ation ~d materials, the Plying ~d Zoning Commission of the City has reco~ended to the Ci~ Co~cil ~e adoption of the mendment to the Comprehensive Zoning Ordin~ce as set fo~h in ~is Ordin~ce; ~d WHE~AS, aRer due deliberations ~d consideration of the reco~endation of the Pla~ing and Zoning Co~ission, the City Co~cil h~ in its legislative discretion concluded that the adoption of this Ordinance is in the best interests of the City of The Colony, Texas and of~e public health, safety and welf~e. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Incorporation of premises. The above and foregoing premises are tree and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Rezoning. The Comprehensive Zoning Ordinance of the City, Ordinance No. 61, dated June 4,1979, the same being Appendix A-Zoning of the Code of Ordinances of the City, is hereby amended and changed as follows: A. The zoning on the 2.7936 acre tract of land, more fully described in Appendix "A" attached hereto and incorporated herein as part of this ordinance and being the southern part of lot IR, Block 1, Securgard Addition, a subdivision within the City, and generally located on the northeast comer of F.M. 423 and Cougar Alley, which tract is zoned General Retail "GR" zoning district classification, is hereby amended and changed by granting a Specific Use Permit for mini-warehouse development including boat and RV parking and storage. Section 3. Site plan. The Site Plan for the proposed mini-warehouse is approved and is hereby incorporated herein as Appendix "B" and made a part of this Ordinance. The development and use of the said tract shall be in accordance with the Site Plan, this Ordinance, the ordinance adopting the General Retail "GR" zoning district classification, the Comprehensive Zoning Ordinance, and all other applicable ordinances of the City. Section 4. Zoning map. The Director of Planning and Development is hereby directed to mark and indicate on the official Zoning District Map of the City to reflect the zoning change herein made. Section 5. Applicable regulations. In all respects the said tract and all development thereon shall be subject to the standards, terms and conditions of the Site Plan, all applicable regulations contained in the Comprehensive Zoning Ordinance, and all other applicable and pertinent ordinances and regulations of the City. Section 6. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the City for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section7. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land and 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. Section 8. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 9. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 10. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. t~sAt~Se~_~aDy oSP~y the City Cou_ncil of the Ci~ of The Colony, Texas ,1999 ~') exas City Secretary, City of The Colony, Texas APPROVED AS TO FORM: City of The Colony, Texas APPENDIX "A" Being a 2.7936 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 ora 19.708 acre tract of land described in correction deed to CENTEX DEVELOPMtiNT COMPANY, L.P., as recorded in Volume 2418, Page 201 of the Deed Records of Denton County, Texas, said 2.7936 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found at the southeast corner of Lot 1, Block 1, SECURGARD ADDITION, an Addition to the City of The Colony, as recorded in Cabinet M, Page 303 of the Map Records of Denton County, Texas, said point also being 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 381.54 feet to a 1/2 inch iron found for corner in the North right-of-way line of Cougar Alley, a 60 foot R.O.W.; THENCE North 66 degrees 44 minutes 55 seconds West, along the north R.O.W. line of said Cougar Alley, a distance of 191.51 feet to a 1/2 inch iron rod found for the point of curvature ora curve to the lef~ having a Central Angle of 13 degrees 01 minutes 58 seconds, and a radius of 725.59 feet; THENCE along said curve to the lef~ an arc distance of 165.05 to a point for comer; TH2ENCE North 00 de~ees 03 minutes 56 seconds East, departing from the north line of said Cougar Alley, a distance of 177.97 feet to a point for comer; THENCE North 55 degrees 09 minutes 28 seconds West, a distance of 37.68 feet to a point for comer; THENCE North 00 degrees 03 minutes 57 seconds West, a distance of 25.00 feet to a point for corner in the south line of said Lot 1, Block 1, SECURGARD ADDITION; TI-~NCE South 89 degrees 56 minutes 03 seconds East, a distance of 523.18 feet to the POINT OF BEGINNING and containing 121,688.28 square feet or 2.7936 acres of land. ~r h cm o (CURrENCy UNrECOrDED) 4650 S.F. 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