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HomeMy WebLinkAboutOrdinance No. 08-1746 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM GENERAL RETAIL (GR) TO SHOPPING CENTER (SC) ON 1.586 ACRES OF LAND GENERALLY LOCATED WEST OF WESTPORT DRIVE, APPROXIMATELY 360 FEET WEST OF FM 423, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED ON EXHIBIT "B," WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN; 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, the Planning and Zoning Commission and the governing body of the City of The Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of The Colony, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. Z07-0006 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, be, and the same is, hereby amended by granting a change in zoning From General Retail (GR) to Shopping Center (SC) on 1.586 acres ofland generally located west of Westport Drive, approximately 360 feet west of FM 423, and being more particularly described In Exhibit "A" and depicted on Exhibit "B," which are attached hereto and incorporated herein. SECTION 2. That this property shall be developed and used only in accordance with the Comprehensive Zoning Ordinance, as amended. SECTION 3. 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 of this 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. Page 1 207-0006 TM 23513.76.000 SECTION 4. That the Zoning Ordinance of the City of The Colony, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. 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 ($2,000.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. UL Y PASSED by the City Council of the City of The Colony, Texas, this the ,2008. 17t- day of APPROVED: ATTEST: ~~- C{)~~, CHRISTIE WILSON, CITY SECRETARY ROBERT E. HAGER, (REH/cdb 01/03/08) Page 2 207-0006 TM 23513.76.000 Exhibit A ;:J'I'\'c:. Vf" I~ COUNTY OF DENTON WHEREAS. LARRY A. ROBINSON and BECKY A. ROBINSON ore the own.r.. of a tract of kind eituated Tn the 8.8.8. and C.R.R. Company Su"""Y. AbatrQct No. 173. being Q I)Ortion of Tract 1. The Coleny No. 3J Addition. Q1 Acldlticn. i" th. City of The Colony. T6)(Q1 acccrding to the Pfot thereof reeorded in Cabinet D, Page 281, Plot Reeord., O.ntcn County. T.)(o, and arllO~ing <Ill of that cettoin troct of land con~ by Deed to I.clrry A. Robinson and Secky A. RcblnllCtl. reccrded under DocuM....t No. ~7-78260, R.oI Property Recorda. Denton County, Texos and beIng more port1C:ulorfy d.-ctibedoa follows: BEGINNING at a a-oss found In trIe Wut RO\V Une of WHtport DrllM (0 2.7' ROW), <It the Southent comer of Lot t. Siock A. L~d., Monteesori Academy Addition, r~orded in Cabinet Y, Page 183. and the Northwat corn... of Lot 1, Block 1. Kwl< I<cr Addition. recorded in Coblnltt P. Pog. 187. Plat Reeords. Dtrlton County, Texas; 'THENCE Sou~ 00 dlgr... 11 minut.. 10 ..cond8 wm, along the Weat ROW line of Wettport Orf.... end the West line of told Lot 1. Block '. Kwl< KClr Addltton. Q dltto~ of 279.49 feet to <I 1/~ Inch Iron rod found with yellow cap for com!!r at the Southwest com.- 01 solei Kwlk Kor AddltTon: lliENCE South 89 cleOrM$ 48 minutes 00 seeond4 EGat, Glong the South. Une 01 sold Lot " Block 1. Kwik KCIt' Addition. IJ diatonc:e of 77.40 Net to 0 1/2 inch Iron red found wIth ~ow cap for comt' at the Horl""..t com.,. of 1.01 1. Block A. ROC>ttroc. South Colony, Addition, r~tded in CGblnet T. P<lge 9. PIGt Record.. o.nton County. Texas. llfENCE Soc..th 00 <leg,.. 10 Mlnut.. 12 second. ~at. along the w.at boundary line of lCIid Lot " Block A, Rcrcetroc. South CoI<<Iy, Addition. a distance of 234.93 f..t to a 1/2 inch iron rocl found with yellow ClOp in the North boundary line of lot 1. Block A. Logo Vbto Addit\o(l. rec:ord4td in Coblnet S. Page 142, Plot Recorda. O.,.,ton County, Tex08. aoTd iran rod 0110 being at the SouthWMt com.,. of laic! lot " Block It., Racetrac. South Colony. Addition; 'THENCE South 89 d Igr... 54 minutM 22 Meond. Wnt. olong the North boundary line of latd Lot 1, Block A. Logo Vista Addition and the Sou~ Une of acid Tract 1. 1he Colony No. 33, 0 dlatcnce of 291.15 foet to a 1/2 inch iron rod found for comer in tho EC8t bClUl"dory line of a tract of kind conv.)'8d to. I). S. C<<p of En9fn........ recorded tn Volume 379, Poge 3+. o.ed Recorda. o.n~ County, Texa4. tald Iron rod btlng at the Southwest comer of $Old Traet 1 ond the North..-t corner of t<lfd Lot 1. Block A. LCJ90 vtata Addftton: llfENCE NorU\ 00 degrees 2.9 mrnut.. 3+ 88C(lndt w.m, 41long the East boundo~ Ifn. ot sold U. S. Corp of Engfneer:s trcCt and the welt Ifn. ot tald Tract 1, 'the Colony No. 33. a dletance of 615.28 feet to Q crocs found at the SouthW6$t corner of sold Lot 1. Block A. Lakeelcle t.4onteaorf Acaclemy Addition; n1ENCE South 89 deg,.. 58 mlnut61 35 s~nd8 Ea8't. along the South bound<<y line Of laid Lot 1. Block A. ~d. Monteaori Aoadetny Additton, (I dlcstonce of 219.79 feet ~o the PLACE OF BEGINNING and contatnlng 129.834 8qUC1'6 1M1 or 2.981 <Ie,... of kr\d. Exhibit B LOCATION MAP ~ ct ~ -.......... ~ ~ ! "- SITE !