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Home My WebLink AboutOrdinance No. 08-1754 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 08-1754 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 ZONINC FROM GENERAL RET AIL (GR) TO GENERAL RETAIL-SPECIFIC USE PERMIT (GR- SUP) TO ALLOW FOR AN AUTO SALES AND SERVICE (INSIDE) USE FOR PROPERTY LOCATED ON THE EAST SIDE OF MAIN STREET (FM 423), APPROXIMATELY 300 FEET NORTH OF WITT DRIVE, COMMONL Y KNOWN AS 7112 MAIN STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED ON EXHIBIT "B," WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN; 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, the City 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. SUP08-002 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, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from General Retail (GR) to General Retail-Specific Use Permit (GR-SUP) to allow for an auto sales and service (inside) use for property located on the east side of Main Street (FM 423), approximately 300 feet north of Witt Drive, commonly known as 7112 Main Street, and being more particularly described in Exhibit "A" and depicted on Exhibit "B," which are attached hereto and incorporated herein. SECTION 2. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended and as amended herein, and the following Special Conditions: 1 Zoning Case SUP08-002 TM 26307.76.000 (A) Indoor sale and display of recreational vehicles only; (B) Outdoor product display shall be prohibited on the site; (C) Storage of equipment and products shall be permitted only in the area depicted on the approved site plan; (D) Storage of equipment and/or product on the site shall be permitted for a period not to exceed seventy-two (72) hours; and (E) Recreational vehicles may be operated in the front yard during normal business hours. SECTION 3. That the Site Plan, which is attached hereto and incorporated herein as Exhibit "C," be, and the same is, hereby approved. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance 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 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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 Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. 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. 2 Zoning Case SUP08-002 TM 26307.76.000 DULY PASSED by the City Council of the City of The Colony, Texas, this the 7th day of April. 2008. APPROVED: ATTEZ: C/ ~~ t;J~~ Chrisde Wilson, City Secretary C) \ ~_i.;' :C?J:-~~~-::,{2.":; . ,.:,t'::-":,:~!.._~ f' . (C~ /; ....~\1 {. t ' -~'5 [.. '--, .' ~ ~'l ~ ..... ,.... .~ \ \"'/ " .... __;, '1~S;' '~'ZrJr.; ~r~jJ1jJjJ 3 Zoning Case SUP08-002 TM 26307.76.000 Exhibit A Legal Description Lot 99, 100, & Part of Lot 98, Block 1, of the Garza Little Elm Lake Estates. EXHIBIT B LOCA liON MAP ----------- ! ! SITE .. -.. At Witt Dr I EXHIBIT "C" Site Plan .. -....... .- .~-. .... --. -.... ............... " ..... --.:.::...:.:.~:.:...:.::.:.::..~~::...=~.~~':.~: ~:::~.:..:.!~a;::__. AN ADDITION TO THE _--11llY Of_ TH_E CQ.LONY __. DENTON COUNIY, TEXAS, ACCORDING 10 THE PlAT lIlmrOf R[CORllW IN VOLUME __J__, PAGE ~~_, PLAT RECORDS, DENTON COUNTY, TEXAS. BEARING BASIS NOTE: THE BfARlNGS SHOWN HEREON ARE B4SED ON THE ABOVE-REFERENCED, RECORDED MAP OR PiAl C.M.= CONTROlliNG MONUMf.NT; f.l.R.= FOUND IRON ROD; S.l.R.= SET IRON ROD; HP.::. FOUND IRON riPE; F.C.r.= fI Ner: COIUlrR POsr. "- ...:. -r. LOT 13 LOT 12 LOT 11 -~ 1i 1/2"I.R.F. BEARS I OIIPL ~ ~ SOO'37'02"E 7.71' r VOL 14:,8. /'~ :.'01. o<Q + 1S00.37'02'.fl60.00'- '\ LOT 14 5' U.E. LOT 10 1/2"W.F. flEAHS NOS'30'24"t:: 0.97' -fl, ---j- ITAC - 1.17- J8.0' o F.I.R. ,/ I I I I I ONE slrORY BUILDING LOT 91. 100, ok PART .0 OF LO 98, BLOCK 1 .0 In 7112 MAIN STREET If) J I I I , I 38.0' }... ro o /'11 Cle" ~:z: :z:- -0 'l=:! c:::> <!Xl / Area for / , limited :: :. outdoor LOT 97 Co . storage d..'. .... ':,'.. .: :'. ~ .~. 'A ... r .. .. .' '.' .;,0.. ..J.. ..... S: lOT 101 Existing Privacy Fence C.M. F.I.R. ,/ / ,..: . . . N "', 2Q.S'" .;, :".. "':.... . ...,.1". .... ~ .. . ." r I.. '.. . . . ~ I :.....4.....~~[:~~.,......l.4.~~..~. . i ~..j.~~.~J L:.. ....r .; ~,'.. .'~ ':le.' '"",en ~'. .' .";. 0',8 4' .. .'. .' \..0"<\ ., ,,~C110'1..~ :, . .. . OJ _' -, 4, ..' .' 1-11- .~.: . 1-1>--..... 0 . . ., .....:.. .00..... .00' ~ .. ., " "..:. ........' .,.,~,.:,. ~~..4"..: "'4 '~'-J.. .'~" ',. "en . ~ . . """'1 . \f; .... "I'. 4. . '",' ..; ',. .::~~:': ~:.o::~/:.<.:!;: ~~,.: · ,& '., ..' .. .AI . 41; " . . ~ .,. ." ..;: ",: .,...... .:.:.- ~''''.''~. ~.~r...~Lf. & . .... "I.... . " . ..,. t' . 41J(J.. : of;.' '.. :' . 0 I:. . .5e.. '.' .,~ ~." .....:a.. - ..- ,.,., }... :or Ol ro :z 4 Parking Spaces will be provided ~~~ . . " .. ~', - . . ...... '., LP N00030~ W :,.': . "4"': "NOO.03'OOuW 6 .00' 40.28 ... ~.. ." _ (REF.ER~NCE . BE IN G) :#.....A~. ~..4A . ~ MAIN STREET. .~" .' 4 0" .. . (60' R.O.W.) .. ARST AMERICAN TI11.E: COMPANY TO TIlE LIEN HOLOERS AND/OR THE OWNERS Of TIlE PREMISES SURVEYED AND TO G.F. NO.-'~Q011Q..12-013-C~L____ HIE UNDERSIGNED DOES IIERrnY CERTIfY TlfAT TIllS SURVEY WIS TillS DAY MADE ON TflE GROUND Of TIlE PROPERlY lEGALLY DCSClllllfD HEREON AND IS CORRECT, AND TO TilE BEST OF MY KNOWLEDGE, THAT THERE ARE NO VISlmE DISCREPANcIES. coNfllCrS, SHORTAGES III MfA. BOUNDARY LINE CONfliCTS, ENCROACHMENTS, OVERlAPPING Of IMPROVEMENTS. EASEMENTS OR RlGBl Of WAY 1IIAl I HAIJt Of EN ~~~D,,~~ EX~E~T,~ ~~~~..I~~O~..~~_ !~~?J~_~~~~_~R]Y..~~,4.CCESS .!O .~~ FROM A_(}[OI~AT~D ~~)~A!. _ . . . ~. of' "'-Yo(" f(t'" V-O SOO'OJ'OO"E .' 50.00' ~,M. . t ~_'_'O,..I.R. ~--- .,.. . ~'. '.~.d'":,,,". ; .", ~ 6 Zoning Case SUP08-002 TM 26307.76.000