HomeMy WebLinkAboutOrdinance No. 07-1722
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- /1'2.'2
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING AN ORDINANCE FOR A SPECIFIC USE PERMIT (00-1205)
TO ALLOW FOR ADDITIONAL OUTDOOR STORAGE AT PROPERTY
LOCATED ON A 13.38 ACRE SITE ON THE NORTH SIDE OF SH 121,
EAST OF PAIGE ROAD AND SOUTH OF MEMORIAL DRIVE AND
BEING MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A," WHICH
IS ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING
FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF
THE REVISED SITE PLAN, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B"; PROVIDING FOR
SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2000 the City Council approved a Specific Use Permit ("SUP") to provide
open storage with visual screening as a part of the Home Depot Center through the adoption of
Ordinance No. 00-1205; and
WHEREAS, the SUP approved by Ordinance No. 00-1205 limited the outdoor
display/storage for merchandise to two (2) areas approximately 650 square feet each near the front
entry of the building; and
WHEREAS, the applicant has requested an amendment to the SUP for an expansion to the
outdoor display/storage areas from approximately 1,300 square feet to 9,293 square feet; and,
WHEREAS, after discussion and consideration, the City Council has determined that the
Ordinance No. 00-1205 providing a specific use permit should be amended to provide for increase
in the outdoor display/storage areas subject to special conditions as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That Ordinance No. 00-1250 providing for large retail business with a
Specific Use Permit for outside display/storage located on a 13.38 acre site on the north side of SH
121, east of Paige Road and south of Memorial Drive and being more particularly described in
Exhibit "A," which is attached hereto and incorporated herein, is hereby amended to provide for an
increase in outdoor display/storage areas as depicted on the revised site plan, which is attached
hereto and incorporated herein as Exhibit "B."
SUP07-00002
Page 1
TM 17714.76.000
SECTION 2. That the property shall be developed only in accordance with Ordinance No.
00-1205 and the additional special conditions as set forth herein below:
A. That the water storage tanks originally provided in Ordinance No. 00-1250 be
removed and the fire suppression system be connected to the city water line on or
before October 30,2007, as depicted on Exhibit "B".
B. That parking of commercial motor vehicles during non-business hours is
prohibited; and, signage shall be posted in accordance with this restriction as
depicted on Exhibit "B".
C. That size and location of outdoor display/storage are shall be limited to size and
location as depicted on Exhibit "B".
SECTION 3. That the Revised Site Plan, which is attached hereto and incorporated herein
as Exhibit "B", be, and the same is, hereby approved and shall be construed as a special condition
for the use granted herein.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity ofthis resolution as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and Ordinance No. 00-1205 shall remain in full force and effect as if set forth in full, save and
except as amended by this ordinance.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Hundred ($2,000.00) Dollars for each offense; and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
~p ~D by the City Council of the City of The Colony, Texas, this the:ll1 ~y of
~ _~ ,2007.
APPROVED:
Page 2
SUP07-00002
TM 17714.76.000
ROBERT E. HAGE
(REHJcdb 06/20/
SUP07-00002
ATTEST:
Page 3
TM 17714.76.000
Exhibit A
lot 3, Block A, Home Depot Addition
EXHIBIT B
B ;ij llsllilll ~~I U ~ ~ III ~~~I i -~
!::!:: ..
U~ '" I" f I Q...
:;: 2:; "':2 ~ ~ I ~ o 0;" -! :::i
~ .... l!!
oi ~ Iii ~ I o ;~ I
ii " o .. ..
., ~ :/:5 -!! CJ')
~ U.I
~ ., g !I !t i ~
'" D I fa
i ; r ;: eq ;ql
i ~ e -8
II: ~ 1_11
: '" ~ i!: II
!f' ~ Ii~ ~ilfl d ;; :t l CJ')
t II II l! .... -. 0
r-~ :!: ~12 ~! II iE
... 1.11 II
~~ ld ~... ~~h 0111 2 ~11I ~r If
:: lot a ~~ 2~~ ~Ii lIt ~ 183
~lL~ a: ,,~ ~1:l 11..: .. .. m: a:
JSu__ "
1 ~
; I I
1.1, 'i'
! ,--
I!! f
ill
oJ
-. it /
4l11~11_=1 Ii!
"-II! ~t{ ~
":L~VII. 1L l-}
i\ i;:' rn
/I-.l-
--1-
...... -~--
_..~
--
....
I
I
I
I
,
I
I
I
I
I
,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I I I
I I I
I I I
f ---tl I rt---~~
I ! i l!i :i _
-- ---;-t-- -.,.r----t~--
I II I II I'
II II 1'1 ,I
I, )1 II ,I
illi II II
II II 1 Ii 11
II lltl: 11_
,...-------;t---rt- it--rr---
I II II 1 J: H
I 11 ,I II II
I L ___~J LL__ J
'.~"
~'"
I
Ii
\
\
\
\
\
\
\
, ----
, /'
'(/'
\ -
\ /'/'-
(
\
\
\
\
\
\
\
\
\
\
I
I
I
il
;;;~
i~
~
FUTURE DRAINAGE
CHANNEL 8'1' OTHERS
~
I:~
~u
i:j
-,/
I
...
i
~
~
""""~/
.....", ',,-----
", ',,-----
",
"-----
~~
---
---,
\
I
I
I
,
,
I
I
I
I
I
I
I
I
I
I
I
I
I
,
I
I
I
,
I
.....
~
I~l
~I
:I:
I~
Iii:
.,f
zi
~I
I
1'1
: II
III
I II
1.11
I 11
I : I
I : I
I I
I I
: \ 1
: ~ 1
t t I
1
I
I
I
I
I
I
I
I
I
I
/
/
I
,
I
I
I
'"
II:
I I:
Ii:
/1:
, :'
I:
I:
I I
I I
I:
1 :
J:
I:
J I
I:
I:
I:
I:
II
J I
Hi
I :
I I
I 1
I :
I :
I I
I I
I I
I J:
I I
I I
u:
I
I
I
I
I
1 g
I
: N
J
~
:I:
"
:r
Ii
Ii)
...
~