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HomeMy WebLinkAboutOrdinance No. 01-1281 I ITY OI THE ( OLONY ORDINANCE NUMBER 0/- [Z ~ / AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR A CHANGE IN ZONING FROM GENERAL RETAIL "GR", NEIGHBORHOOD SERVICES "NS" AND PLANNED DEVELOPMENT "PD-2" TO LIGHT COMMERCIAL "LC" ZONING DISTRICT CLASSIFICATION ON A 2.044 ACRE TRACT OF LAND DESCRIBED HEREIN AND LOCATED ON THE NORTH WEST CORNER OF FM 423 AND LAKE PARK DRIVE; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 13~ day of February, 2001, and for which notice was given and a public hearing 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 General Retail "GR", Neighborhood Service "NS", and Planned Development "PD-2" to Light Commercial "LC" zoning district classification.(Case No. 2001- Z001); 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 2.044 acre tract of land is situated on the North West Corner of FM 423 and Lake Park Drive and being part of Lot 8, all of Lots 10-14 and an unidentified parcel located in Block 5, Garza Little Elm Lake Estates Addition, located in the City of The Colony, Denton County, Texas; and more fully described in Appendix "A", attached hereto and incorporated herein, is hereby zoned Light Commercial "LC" zoning district classification in accordance with the comprehensive zoning ordinance of the City of The Colony; and SECTION II: That the Permitted uses shall be all principal and accessory uses which are allowed by right in the Light Commercial "LC" zoning district classification, in accordance with Appendix "A", Zoning, Section 10 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations of the Light Commercial "LC" Zoning District Regulations and the Comprehensive Zoning Ordinance, as amended, and all other Page 1 of 4 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 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 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 full 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 of 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 ,9'-t7-/c day of ~. 2001__ ~T~: Mayo~r, City of ~"~'-~olony - --~ /,I~D; p~u- ngJ/Dt y { C itey~ 1sien;e t7 .... APPROVED AS TO FORM: t3/Attorne~.? '~' / Page 2 of 4 APPENDIX "A" FIELD NOTES - 2.044 ACRES BEING a 2.044 acre tract of land situated in the City of The Colony, Denton County, Texas, being all of Lots 10, 11, 12, 13 and 14, part of Lot 8 and an unnamed Lot in Block 5 of Garza Little Elm Lake Estates, an Addition to the City of The Colony, Denton County, Texas, according to the Plat thereof recorded in Volume 2, Page 80 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod set for the southeast corner of said Lot 12 and in the west right-of-way line of Main Street (having a variable width right-of-way) and in the north right-of-way line of Lake Park Drive (having a 60 foot right-of-way); THENCE South 89 degrees 25 minutes 26 seconds West, departing the west right-of-way line of said Main Street and with the north right-of-way line of Lake Park Drive, a distance of 169.83 feet to an iron rod set for corner an the beginning of a curve to the left having a 382.21 foot radius; THENCE continuing with the north right-of-way line of said Lake Park Drive and with said curve having a central angle of 11 degrees 25 minutes 22 seconds, an arc length of 76.20 feet, whose chord bears South 83 degrees 42 minutes 44 seconds West, a distance of 78.07 feet to an iron rod set for the occupied southeast corner of Lot 15 in said Block 5; THENCE North 24 degrees 13 minutes 54 seconds West, departing the north right-of-way line of said Lake Park Drive and with the occupied east line of said Lot 15 and along or near a fence, a distance of 111.56 feet to a fence corner post found for the occupied interior ell of said Lot 15; THENCE North 22 degrees 13 minutes 43 seconds East, along or near a fence line and with the occupied east line of said Lot 15, a distance of 118.94 feet to a point in a lake for the most easterly corner of said Lot 15; THENCE North 13 degrees 47 minutes 31 seconds West, with the east line of said Lot 15 and Lot I in said Block 5, a distance of 229.58 feet to an iron rod set for the northeast corner of said Lot 15 and in the south right-of-way line of Oak Drive (a private road); THENCE North 86 degrees 22 minutes 00 seconds East, with the south right-of-way line of said Oak Drive, a distance of 103.00 feet to an iron rod set for corner at the beginning of a curve to the right having a 47.85 feet radius; THENCE continuing with the south right-of-way line of said Oak Drive and with said curve having a central angle of 92 degrees 30 minutes 00 seconds, an arc length of 77.25 feet, whose chord bears South 47 degrees 23 minutes 00 seconds East, a distance of 69.13 feet to an iron rod set for corner; THENCE South 01 degrees 08 minutes 00 seconds East, continuing with the west right-of-way line of said Oak Drive, a distance of 65.00 feet to an iron rod set for corner at the beginning of a curve to the left having a 90.00 foot radius; THENCE continuing with the south right-of-way line of said Oak Drive and with said curve having a central angle of 90 degrees 00 minutes 00 seconds, an arc length of 141.37 feet, whose chord bears South 46 degrees 08 minutes 00 seconds East, a distance of 127.28 feet to an iron rod set for corner in the south right-of-way line of said Oak Drive; THENCE North 88 degrees 52 minutes 00 seconds East, with the south right-of-way line of said Oak Drive, a distance of 50.00 feet to an iron rod set for corner in the west right-of-way line of said Main Street; THENCE South 01 degrees 08 minutes 00 seconds East, with the west right-of-way line of said Main Street, a distance of 205.00 feet to an iron rod set for corner at the beginning of a curve to the right having a 1108.48 foot radius; THENCE continuing with the west right-of-way line of said Main Street and with said curve having a central angle of 01 degrees 24 minutes 39 seconds, an arc length of 27.31 feet, whose chord bears South 00 degrees 25 minutes 39 seconds East, a distance of 27.31 feet to the POINT OF BEGINNING and containing 2.044 acres of land more or less, and being subject to any easements that may affect.