HomeMy WebLinkAboutOrdinance No. 97-1002 CITY OF COLONY
ORDINANCE NUMBER 97-1002
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR A CHANGE IN ZONING FROM
BUSINESS PARK "BP" 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 11 th day of November, 1997, and for which notice
was given and a public heating held in accordance with law, the Planning and Zoning Commission did
consider and make recommendations to the City Council on a request for a change of zoning from
Business Park "BP" to General Retail "GR" zoning district classification.(Case No. 09-97zl); 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 COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION I: That the 33.73 acre tract of land located at the North West comer of FM 423 and SH
121, situated in the H, Hedgecoxe Survey, Abstract No. 533, The Colony, Denton County, Texas,
and more specifically described on the attached Exhibit A, (which exhibit is incorporated herein for
ail purposes, is hereby rezoned from Business Park "BP" zoning district to General Retail "GR"
zoning district.
SECTION II: That the Permitted uses shall be all principal and accessory uses which are allowed
by fight 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 III: That the Official Zoning Map is hereby amended to reflect the action taken herein.
SECTION IV: Penalty Clause; That any person, firm or corporation violating a provision of this
ordinance, upon conviction, is guilty of a misdemeanor and shail 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 V: 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 gull force
and effect.
SECTION VI: Savings Clause; This Ordinance shall be cumulative of all other ordinances of the
City affecting zoning and shall not repeal any of the provisions o£ those ordinances except in those
instances where the provisions of those ordinances are in direct conflict with the provisions of this
Ordinance.
SECTION VII: That this ordinance shall become and be effective from and after its date of passage
as provided by law.
PASSED AND APPROVED this the 17~ day of November, 1997.
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
Being a 33.731 acre tract of land situated in the H. Hedgecoxe Survey, Abstract No. 553,
Denton County, Texas and being a remainder of that certain tract of land conveyed to
David C. Potter according to the deed recorded in document no. 96-R0074513 Real
Property Records, Denton County. Texas, and being more particularly described metes
and bounds as follows:
BEGINNING at (3 5/8 inch iron rod found in the north right--of--woy line of S.H. No. 121
(vorlable width R.O.W.), so~d 5/8 inch iron rod being the Southwest corner of Lot 1, Block
Office Creek Addition cs recorded ~n Cabinet N, Page 71, P.R.T.C.T. and the POINT OF'
BEGINNING of the herein described tract of land;
THENCE S 61'20'18" W, along the north right-of~way line of S.H. 121. a distance
of 4.32.61 feet to o 5/8 inch iron rod (capped Carter & Burgess ) found for
corner;
THENCE S 57'48'58" W, continuing along the north right-of-way line of S.H. 121, a
distance of 604.56 feet to o 5/'8 inch iron rod (capped "Carter & Burgess") found for
THENCE S 61'22'18" W, continuing along the north right-of-way line of S.H. 121, a
Distance of 348.58 feet to a T.X.D.O.T. right--of-way monument found for comer
at the intersection of scid north right-of-way llne with the north right-of-way
llne of Kine-Poc Rood;
THENCE S 89'32'15" W, along the north right-of-way line of Kine-Poc Road, a
distance of 253.97 feet to o 5/8 inch iron rod set for comer, said corner also
being the most Southerly southeast comer of the remainder of o tract of land
described in Volume 2375, Page 688 R.P.R.D.C.T.
THENCE N 00'27'4.5' W, leaving said right-of-way, along the common llne of said
remainder cnd that tract described in document no. 96-R0074513. a distance of 27.87
feet to a 5/'8 inch iron rod (capped "Carter & Burgess') found for corner;
THENCE N 24'35'48' E, continuing along said common llne. o distance of 2320.54
feet to a 5/8 inch iron rod set for corner;
THENCE N 63'12'55" E , continuing along said common llne, o distance of 18.09 feet to
o 5/8 inch iron rod (capped 'Carter ,~ Burgess") found for corner, in the west right-
of-way line of ll.M. Highway 4-25 and in a curve to the left;
THENCE along said west right-of--way line of F.M. Highway 4-25 and curve to the left
having a radius of 2918.53 feet. a delta angle of 03'4.8'14", a long chord that bears
S 26'40'57" E a distance of 195.73 feet, on arc distance of 195.76 feet to a 5/8 inch
iron rod (capped "Carter ~ Burgess') found for corner;,
THENCE S 28'3.3'09" E. along said west .right-of-way line of F.M. Highway 423'
o distance 1098.7,5 feet to o 5/8 inch ~ron rod (copped "Carter & Burgess*) found for
corner, said 5/8 inch iron rod also being the Northeast corner of Lot 1, Block I,
said Office Creek Addition;
THENCE S 61'20'18" W, leaving said west right--of--way of F.M. Highway 42.3
and OhSng the north llne of said Lot 1. Block 1, a distance of 273.19
feet to a 5/8 inch iron rod (capped *Cotter & Burgess') found for corner;
THENCE S.o 28'35'12" E, along said west line of said Lot 1, Block 1, o distance
of 202.85 feet to the POINT OF BEGINNING, and containing 1,4`71,478.17 S.F.
or 33,7.31 acres of land.