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HomeMy WebLinkAboutOrdinance No. 04-1574 CITY OF THE COLONY, TEXAS ORDINANCE NO.Ø - lIS 7'1 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, THE SAME BEING APPENDIX A-ZONING OF THE CITY'S CODE OF ORDINANCES, AS AMENDED, BY GRANTING AN AMENDMENT TO AN EXISTING SPECIFIC USE PERMIT FOR MINI-WAREHOUSE DEVELOPMENT TO ALLOW FOR A SINGLE DWELLING UNIT ON A TRACT OF 2.7936 ACRES, LOCATED ON THE NORTH EAST CORNER OF COUGAR ALLEY AND FM 423, IN THE CITY ON THE COLONY AND ZONED GENERAL RETAIL "GR" ZONING DISTRICT CLASSIFICATION; REQUIRING COMPLIANCE WITH A SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR A CORRECTION OF THE OFFICIAL ZONING MAP TO REFLECT THE CHANGE MADE HEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the 2.7936 acre tract of land being the southern part of Lot 1R, Block 1, Securgard Addition, situated in the Thomas C. Wilson Survey Abstract No. 1352, filed an application with the Planning and Zoning Commission requesting an amendment to the existing Specific Use Permit as adopted by City ordinance #99-1124 to allow for a single dwelling unit and an amendment to the official Zoning District Map of the City in accordance with Appendix A-Zoning of the City's Code of Ordinances (the "Comprehensive Zoning Ordinance"); and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the adoption of the amendment to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the City Council has 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 the public health, safety and welfare. 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 true 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 Specific Use Permit as approved by Ordinance # 99-1124 dated June 21, 1999, for a tract of 2.7936 acres 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 corner of F.M. 423 and Cougar Alley, which tract is zoned General Retail "GR" zoning district classification, is hereby amended and changed by allowing an additional use for a single dwelling unit to be located on the subject site. Section 3. Site plan. The Site Plan showing the location of the single dwelling unit 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. Section 7. 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; otherwise, the terms and development standards of the previous special use permit and general retail zoning district, except as amended herein. 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 fÌom and after its date of adoption and publication as provided by law. PASSED AND :¡;:JOYED by tbe City Council of the City of The Colony, Texas tbis the l.3f1..dayof, ~2004. Dillard, Mayor of The Colony, Texas ATTEST: ~AJ- {J~.-.- . stie Wilson, City Secretary APPENDIX "A" ¡, Being a 2.7936 acre tract ofland 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 ofa 19.708 acre tract ofland described in correction deed to CENTEX DEVELOPl\1ENT COl\1PANY, 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 I, Block I, 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 of a tract ofJand 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 of381.54 feet to a 1/2 inch iron found for corner in the North right-of-way line of Cougar Alley, a 60 foot RO.W.; THENCE North 66 degrees 44 minutes 55 seconds West, along the north RO.W. line of said Cougar AIley, a distance of 191.51 feet to a 1/2 inch iron rod found for the point of curvature of a curve to the left having a Central Angle of13 degrees 01 minutes 58 seconds, and a radius of725.59 feet; THENCE along said curve to the left an arc distance of 165.05 to a point for comer; THENCE North 00 degrees 03 minutes 56 seconds East, departing trom the north line of said Cougar AIley, a distance of 177.97 feet to a point for corner; THENCE North 55 degrees 09 minutes 28 seconds West, a distance of37.68 feet to a point for comer; THENCE North 00 degrees 03 minutes 57 seconds West, a distance of25.00 feet to a point for corner in the south line of said Lot I, Block 1, SECURGARD ADDITION; THENCE South 89 degrees 56 minutes 03 seconds East, a distance of 523 .18 feet to the POINT OF BEGINNING an~ containing 121,688.28 square feet or 2.7936 acres ofIand. ~.~ ~ III .. , , ,- " ...... ,. 7025 SF. s:: , , ,- - B , " en '- . . , , . - - - I/. 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